# APPENDIX V·

# ...

MEMORANDUM OF AGREEMENTBETWEEN
THESTATE OF 

### IDAHO 

### AND TIlE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10
I. GENERAL This Memmllldl.UIl ofAgreement (hereinafter"Agreement") establishes policies, responSlbilities, and procedures pursuant to 40 CPR 271,8 for the StateofIdaho Hazardous Wasteprogram (hereinafter "State Program") authorized 

### under Section 3006 of

### the Resource Conservation andRecovery Act (hereinafter "RCRA or 

### "the Act") of 1976 (42 USC 6901 et seq,), as 

### arrKmded (Public Laws 94-580,96-482,98-616), and 

### the United StatesEnvironn¥mtal Protection Agency (hereinafter EPA) Regional Office for Region 

### 10. This Agreement further setsfonh the 

### manner in which

### the State and EPA wiD coordinate in 

### the State's administration and enforcement ofthe State program and, pending State authorization, EPA's administration ofthe

..) non-authorized provisions ofthe Hazardous and Solid Waste Amendments of 

### 1984 (HSWA). !

. Forpurposes of

### this Agreement, references to "RCRAn 

### include HSW

### A. 

# V This Agreement 

### is entered into by the Administrator of

### the DivisionofEnvironmental Quality. Idaho Department ofHealth and Welfare (hereinafter "DBQAdministrator" or 

### "the State") and the Regional Administrator, EPA Region lO(hereinafter "RegiOnalAdministrator" or "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 shallbe 

### construed to contravene any provision of40 CPRPart 271. This Agreement does not restrict EPA's oversight authority for State program activities 

### that are part of

### the federal program, doesnot establish privity between EPA and the State, and does notrestrict EPA's independent 

### enforcement authority. 

### The parties wiD review the Agreementjointly at least once a 

### year (and other

### tin::¥ls as appropriate) during preparation of

### the annual State Grant workpJan orPerfonnance Partnership Grant (hereinafter ''Grant''), in connection with grant funding under section 

### 3011 ofRCRA. TIlis Agreement maybe modified upon 

### the initiative ofeither party in order to ensure consistency with State programmodifications made or for any otherpurposemutually agreed upon. Any revisions ormodifications to this Agreement must be in writing 

### and mustbe signed by 

### the State and 

### the Regional Administrator. This Agreement wiD 

### remain in effect until such

I. Reviled 7-30

..01

### time as State program authorization 

### is withdrawn 

### by or is voluntarily transferred to EPA according to the criteria and procedures established in 40 CPR 271.22 

### and 40CPR 271.23. 

### This Agreement is being revised because the State 

### is submitting a revised authorization application. 

### This Agreement shall be 

### signed by the State and the Regional Administrator and shall become effective 

### after being signed 

### by bothpanies. 

### This Agreemmt 

### shall replace the Agreement dated September 

### 17, 1996, effective October 

### 6, 1998. 

### 11. POLICY STATEMENT Each ofthe 

### panies to this Agreement isresponsible for ensuring that its obligations 

### under RCRA are met. Upon granting offinal authorization by EPA, the 

### State asSUllleS 

### primary responsibility for implementing the 

### authorized provisions ofthe RCRA hazardous waste program within its geographic boundaries, except in Indian country. 

### 'The State will conduct itshazardous waste programin accordance with EPAprogrampolicies and guidance.I Wbilc 

### EPA retains responsibility for the direct implementation ofthose provisions ofHSWA for which the 

### State

### is not authorized, it is the intention ofEPA 

### and the State to coordinate the implementation ofsuch provisions to the greatest degree possible. 

### 'The State and the 

### Regional Administrator 

### agree to 

### maintain a highlevel ofcooperation and coordinationbetween theirrespective staffs in a partnership to assure successful and effective administration ofthe 

### Stateprogram. EPA will oversee impkmentation ofthe authorized State programin order to ensure 

### full execution ofthe requirements ofRCRA, to promote national consistency in the hazardous waste program, to a\iow 

### EPA to 

### report to the President and Congress on

### the achievements ofthe 

### hazardous waste program, and to encourage the State and EPA to agree on desirable teclmica1 support and targets forjoint efforts to 

### prevent and mitigate environmental problems associated with 

### the improper management ofhazardous wastes. Oversight will be accomplished by EPA through written reporting requirements, pennit overview, compliance and enforcement overview, and annual review of

### the State's programs.

1 These policies and guidance include. at a minimum. the OSWER Consolidate<! Guidance; the office of Enforcement and Compliance Assurance MOA guidance; RCRA Civil Penalty Policy dated October 26. 1990; National Criteria for a Quality Hazardous Waste Program; revise<! Hazardous Civil Enforcement Response Policy (April, 15. 1996); and the EPA Policy on Performance Based Assistance (May 31. 1985); and the May 1. 1996 Advanced Notice of Propo"ed Rulernaking for the Corrective Action Program, Setting CUstomer Service Standsrd. IE.O. 12862. September 11. 1993); Improving CUstomer Service (Fred Hanson, April B, 1998); Federal Actions to Addrsss Environmental Justice in Minority Populations and Lowincome populations (E.O. 12892, February 11. 1994); EPA OSWER Environmental Justice Action Agenda (EPA 540/R-95/023. 1995). 

# .... 2. Revised 7-30-01

## , 

# / 

# ) ') Ill. STATE PROGRAM REVIEW 'The Regional Administrator will assess 

### the State administration and enfOn:emrmt of

### the hazardous waste programon a continuing basis for equivalence 

### and consistency withRCRA. 

### this AgreeJl'V!nt, 

### and all applicable Federal requirements 

### and policies, 

### and for 

### adequacy of enfon:emrmt. This asseSSIl'V!nt will 

### be accomplished byEPA review ofinfunnation submitted 

### by the State in accordance with this AgreeJl'V!nt and the State Grmt workprogram. pennit overview, complimce md enforcement overview, and annual review ofStateprogram

### activities. The Regional Administrator may also consider, as part ofthis regular assesSIl'V!nt, written comments about the State's program administration 

### and enforcement that are received fromregulated persons, the public, md Federal,State and local agencies. Copies of any suchcomments received by the Regional Administrator will beprovided to the State.



# /. Except for those documents protected by attorney client privilege pursuantto Idaho Rule ofEvidence 502 , Idaho Code § 9-203, orotherwise subject to protection 118 attorney work product pursuant to Idaho Rules ofCivil Procedure 26(b)(3). the State 

### shaD allow EPA

### to routinely review State records, reports, and files relevant to the administration andenfOreement ofthe approved program EPA agrees that all requests for infonnation will becoordinated in advance when possible. Coordination will not subject EPA to State FOlArequirements. Program

### review meetings between the State and the EPA willbe scheduled at reasonable intervals to review specific operating procedures and schedules. to resolve problems 

### and to discuss mutualprogramconcem:s. TheseJl'V!etings will be scheduled at lell8t fifteen 

### days in advance unless mutually agreed to differently. A tentative agendafor the meeting wiD be 

# '-l ) 

### prepared by EPA. The State and EPA agree to develop. on an annual basis as a part ofthe Stategrant work program, criteria for priority activities, including activities regarding 

### handlers ofhazardous waste. These criteria wiD bebased on guidance issued by EPA in the annualAgency Operating Year Guidance. other guidance doCl1IIleDtS as maybe appropriate. and State specific concems, md will serve to identify those activities which should receive the highest priority

## durio& the grant

### period. 

### IV. INFORMATION SHARING A. General This Section covers information sharing on miscellaneous elements ofthe RCRA program, including notification, RCRIS data, etc. Specific infunnation 

### sharing requirenxmts for the other major programeleIl'V!nts are covered in their respective Sections: V. PennitIssuance, VI. Permit Administration, and VII. Enforcement. Detailed tables describing 

### the 

### flow of documents between the Stale and EPA for Sections V., VI.• and VII. of

### the MOA are 

### included at the end of

### this document. As therespective infonnation

### needs ofthe State and EPA evolve. " changes to this section ofthe AgreeIl'V!nt or the tables may 

### be appropriate. 

### During the 

### annual

# ~ 3. Reviled 7-30..01-,

review ofthis Agreement the State and the Regional Administrator will carefully examine 

### the infonnation sharing requirements for needed revision. Infonnationrelated to Sections 

### V. and 

### VI., Permitting, and Section

### VII., Enforcement, 

### shall he sent 

### by the State to: JeffHunt, EPARegion 10,1200 SixthAve., WCM-122, Seattle, WA 

### 98101. EPA shall 

### send permit and enforcement related infonnation to: BrianMonson, Idaho Department ofHealth and Welfare, Division ofEnvironmental Quality, 1410NorthHilton, Boise, ID 

### 83706-1255. 1. EPA will keep 

### the Stateinformed ofthe content and meaning ofFederal statutes, regulations, guidelines, standards, policy decisions, directives, and any other factors that affect the Stateprogram. EPA will also provide general teclmical guidance to 

### the State. EPA will share with the State any reports developed by EPA 

### from the data submitted throughStatereporting requirements. 2. EPA will make available to 

### the State otherrelevant infonnation asrequested which

### the Stateneeds to implement its approved program. lnfonnationprovided to the State will

### be subject to 

### the tenns of40 CPR .t:'art 2. 

### 3. The State agrees to infonn

### the Regional Administrator ofany proposed programchanges which would affect the State's ability to implement the authorized programwith as 

### much advance notice as possible. Programchanges ofconcerninclude modification ofthe State's legal authorities (i.e., statutes, regulations andjudicialorlegislative actions affecting those authorities), modifications ofMeriloranda ofAgreement or Understanding with other agencies, and modifications ofresource levels (i:e., available orbudgeted personnel and funda). Programchanges also include legal changes that would affect compliance monitoring and enforcement, such as. privileges and 

### immunities laws. 

### The State recognizes that programrevisions must 

### be made in accordance withtheprovisions of40 CPR 

### 271.21, and that until approved 

### by EPA.revisions are not authorized as RCRA Subtitle C requirements, howeverrevisions may

### be enforced 

### under State laws 

### and authoritybut not in lieu of

### federal RCRA until such 

### time, 

### ifany, asEPA

### has approved and authorized such revisions. EPA agrees to support the State with timely review of proposed State legislation that might have a significant potential to affect the authorized hazardous waste program. 4. Except for documents and infonnation proteceted 

### by attorney client privilege pursuant to Idaho Rule ofEvidence 502 and ldaho Code § 

### 9-203 orotherwise subject to attorney work product pursuant to Idaho Rules ofCivilProcedure 26 (b)(3) ,the State agrees to provide any pertinent infonnationrequested 

### by the Regional Administrator or 

### his or her designee, within a mutually agreed upon time**fr~.** as necessary for EPA to carry out its oversight responsibilities. 

### 5. The State agrees to submit the following reports and documents to the Regional Administrator orhis orher designee 

### within the specified time periods: a) Midyear 

### and
4. Revised 7-30-01End-of-Yearreports on the dates set in 

### the Grant and b) Additionalreports and documents as specified 

### by the Grant. 

### 6. The State agrees to provide EPA with 

### a copy of any decisions regarding 

### requests 

### made by hazardous wastehandlers to change their classifications (e.g., requests to 

### be deleted as generatorsbut to retain facility status) and facility requests to make on-site changes prior to permit issuance (e,g., requests to handle additional wastesnot identified on the facility's original notification and RCRAPan A Permit Application.) 

### 7. EPA agrees to adhere to the schedules in the Grant and the schedules specifiedby the Grant, including the Document Flow Tables. 

### B. SUe Visits EPA 

### is responsible for maintaining reliable national data onhazardous waste management. 

## nus data is used to report to the President and Congress on

### the achievements of the hazardous wasteprogram and to support EPA's regulatory development efforta. Whenever EPA determines that it needs to obtain certain information, EPA 

### will first seek to gain this informationfrom the States. The State ofIdaho agrees to supply the Regional Administrator with this information 

### ifreadily available and as

### resources allow in accordance with section

### IV (A)(4)hereof. Ifthe State 

### is unable to provide the information or 

### ifit 

### is 

### necessary to supplement the Stateinformation, EPA 

### may conduct a 

### special surveyorperforminformation collection site visits afternotifying the State (normally with at least seven days advance notice) and inviting the State to participate in the site visit. EPA wiD share 

### with

### the State any reports developed by EPA as a result ot'suchinformation collection. 

### C. Emergency Situations Upon receipt ofany information that the handling, storage, treatment, transportation, or disposal ofhazardous waste 

### is endangering human health of the environment, 

### the pany inreceipt ofsuch information shall immediately notify by telephone the Idaho Emergency Response Communication center at 1-800-632-8000.
D. Confidentiality 

### 1. Subject to the provisions ofsection 

### IV (A) (4) herein regarding attorney clientprivilege and attorney work product protection ,any information obtained orused 

### in the administration of

### the State program shall be available to EPA. Ifthe informationha$ been submitted to 

### the Stateunder a claimofconfidentiality, the State must 

### submit said information to EPA in II manner reasonably anticipated to place EPA on notice ofsuch claim ofconfidentiality. Any information obtainedfrom a State and subject to a claimof confidentiality will 

### be bandIed 

### in accordance with the regulations 

### in 40 CPR Part 2, Public information. 

### )

5. Revised7-30-01

## 2. EPA agrees to furnish to 

### the State information 

### in its files whichis not submitted under a claim ofconfidentiality and which the State needs to implement its program. EPA will 

# ,., release confidential information only to States with confidentiality provisions equivalent .. to 40 CFR Part 2. Subject to the conditions 

### in 40 CFR Part 2, BPA will 

### furnish to 

### the State information submitted to EPA under a 

### claimofconfidentiality 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 of40CFRPart 2. EPA 

### will notify affected facilities when such information is sent to the State. 

### The State will handle such information 

### in accordance with the ldaho Public Records Act, Idaho Code 

### § 

### 9-337 et seq. 

### E. Delistlng The State 

### shall send a copy ofany delisting petition, and 

### all subsequentrevisions, to EPA within 

### 15 days ofreceipt. Please consult the Enforcement and Compliance document flow table. attached to this agreement that contains additional information on delisting 

### documents

### the. State will 

### share withEPA. 

### F. Notification EPA and the State havejointly decided that 

### the State will assign 

### all EPA 

### I.D. numbers and enter 

### all notification data into RCRlS. Ifthe applicant sends a notification form

### (8700-12 

### or equivalent) directly to EPA, EPA will forward tbe form to 

### the State for 

### the assign:ment ofan 

### lD. number within 

### 30 days ofreceipt. If

### the State receives a notification form

### from EPA or

### from the applicant. the State will assign an I.D. number to the applicant and inform

### the applicant ofits number. 

### G. Variances and Waivers 

### The State agrees to provide EPA with a copy ofeachproposed variance lind waiver at 

### the time it is received. Within 45 days ofreceipt, EPA can review and comment on any proposed variance or waiver. 

### The State agrees to halt any proposed action, within 

### the 45 

### day comment period, 

### ifEPA determines that 

### the proposed variance or waiver is inconsistent with 

### the State's authorized program 

### This 45 day comment period CIIn 

### be shortened on a case 

### by case 

### basis by mutual consent. 

### The State will transmit a copy ofany public notices, variances, or waiver approvals to EPA within ten (l0) days ofissuance.
H. RCRA Data Management The State agrees to use, maintain, and enter data into, 

### the national RCRA data managetrellt systems (currently RCRIS).
2. The State and EPA share one RCRlS database, effective October 1. 

### 1998. The State lind EPA Region 10 are each responsible for the correctness of

### the data entered by 

### their agency. 6. Revised 7·30-01 L

## ) 

# rI ( 3. The State will enter 

### all required RCRA Core data monthly into RCRlS and may submit



# .... ) orenter data as agreed between EPA and the State. 

### 4. The State will collect Biennial Reporting data and provide Biennial Reporting System (BRS) data that has passed 

### all basic BRS edits to SFA for loading into the natinnal BRS according to the schedule promulgated by EPA Headquarters, and the schedule in the Grant. 

# s. SFA will 

### be responsible for maintenance and clean-up ofall SFA data entered in 

### the RCRlS corrective action module prior to the State's authorization for HSWA corrective action. 

### 6. EPA will wonnthe State promptly when changes are made to RCRlS that might affect the State'simplementation ofRCRlS. EPA will assist the State in RCRlS consulting and training asresources allow. 

### 7. As resources allow, EPA will assist the State in developing RCRlSIRCRA llIfo reports. 

### 8. Neither the State nor EPA will unilaterally change its RCRlS implementer systemin any way without advance consultation with, and agreement of, the otherparty. BothEPA and the State have the right, as implementers ofRCRlS, to choose and to 

### (;) 9. change their RCRlS hardware plalfonns to optimize systemefficiency, but will not do so in such a way as to negatively affect 

### the RCRlS data base, access to 

### the RCRlS database reports, or

### the potential for updating RCRlS withnew data. 

### V. PERMIT ISSUANCE A. EPA PennJtting Upon authorization ofthe Stateprogram, EPA will suspend 

### issuance ofFederal

### permits for hazardous wasle treatment, storage, and'disposal facilities for which 

### the State is receiving authorization. 

### IfSFA promulgates standards for additional regulations mandated 

### by HSWA, 

### that are not covered by the State's authorized program, EPA will issue and enforce RCRA peIIllits in 

### the State for these new regulations until the State receives final authorization for equivalent and consistent State standards. IfEPA promulgatesnew standards requiring a 

### permit modification, then EPA may, pursuant to 40CFR 270.42(b)(6)(vu), extend the time period for final approval or denial ofa modification request until such time that the State receives authorizationfor 

### the new standards. At the time the State programis approved in the new areas, 

### EPA will suspend issuance ofFederal pennits in the State. TIle State and EPAhave agreed to a joint pennitting process (see section V.D ofthis Agreement) for 

### thejoint processing and enforcement ofpennits for those provisions ofRCRA for which the State does not have authorization.

7, Revised 7·30-01EPA will transfer any pending permit applications, completed permits or pertinent file information to the State within forty-five days ofthe approval ofthe State program in confonnance with the conditions ofthis Agreement.



### B. EPA Overview ofStatePennits 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 RCRlS Permitting Six Quarter Plan, annual State Grant Work Program 

### and 

### the State'sProgram Description. EPA may comment in writing on any draft permit orproposed pennit modification, within forty five days ofits receipt, whether ornot EPA commented on 

### the pennit application. Where EPA indicates in a comment that issuance, m:ldification, reissuance, termination ordenial ofthe permit would

### be inconsistent with the approved State program, EPA 

### shall include in 

### the comment:



### a. A statement ofthe reasons for the comment (including citation to 

### the section of 

### the Stateor federal law or regulations that supports 

### the comment), 

### and
b. 

### The actions that should 

### be taken by 

### the State to address 

### the comment (including

.

### -...., the conditions which the pennit would include 

### ifit were issued

### by EPA). 

# ) The State 

### and EPA willusually reach concurrence onpermit conditions prior

### to issuance ofthe draft permit or approval ofproposed permit rnodiflCations. The DEQ Administrator and EPA Regional Administrator agree to Ireel or confer, within the permit review period, whenever necessary to resolve a disagreeIrent between their staffs on 

### the terms ofany State-issued permit. EPA 

### shall withdraw such comments 

### ifsatisfied that 

### the Statehas Iret its concerns. 

### The State agrees to consider

# an comments EPA makes on permit applications and draft pemli.ta

. The State will satisfy or refute EPA's concerns on a particular pennil application, 

### proposed 

### peimi.t rnodification, or draft permit in writing before issuing the pennit ormaking 

### the modification. Under section 3008(8)(3) ofRCRA, EPA may terminate a State-issued pennit in accordance with the procedures of40CFR Part 124, Subpart E, orbring an 

### enforcement action in accordance with the procedures of40CFR Part 22 in 

### the case ofa violation of II State program requirement. 

### In exercising these authorities, EPA will observe 

### the conditionsestablished in40 CFR 271.19(e). 

### C. State Pennittin& The State is responsible for expeditiously drafting, circulating for public review 

### and comment, issuing, rnodifying, reissuing 

### and terminating RCRA pennilS for those hazardous waste treatIrent, storage and disposal facilities subject to 

### the authorized provisions of

### the State's 8. Revised 7-30-01

# i " 

# ).



# ) program 

### and shall do so in a manner consistent with RCRA as amended by HSWA, this

.... Agreem:nt, aU applicable Federal and State requirements, and the State's ProgramDescription. In accordance withIdaho Code §39-4409(2), upon authorization interim status or

### final pennits issued by EPA prior to Slate authorization shall

### be adopted as State interim status final permits until IDHW issues a new Statepennit. 

### The State agrees to issue, roodifY 

### and reissue 

### all permits subject to 

### the authorized ponions ofthe State'sprogramin accordance with the applicable provisiOns of IDAPA 

### §§ 16.01.05.013 the state equivalent to 40CFRPan 124, the Idaho Administrative Procedures Act, Idaho Code § 67-5440-79, Idaho Departmmt ofHealth and Welfare Rules Governing Contested Case Proceedings and Declaranory Rulings, IDAPA §§ 16.0S.03 et seq. 

### and to include as pennit conditions 

### all applicable provisions ofIDAPA 

### §§ 16.01.05

. et. seq. This Agreement 

### also applies to pennits issued after final authorization but for which the processing may have begunbefore 

### final authorization. 

### The State agrees that any compliance schedule contained in any permit issued will require compliance with applicable standards within a 

### specified time period. 

### D. 

### Joint PennittinC Proass Pursuant to section 3006(g)(I), and 

### in accordance with RCRA, as amended, EPA 

### has the authority to issue ordeny permits or those ponionsofpermits to facilities 

### in Idaho for 

### the requirements and proln'bitions in or stemming from HSWA, until the State's programis 

### amended 

# ) to reflect those requirem:nts and prolnOitions and authorization is received for 

### the ponion or portions ofthe program. EPA 

### and Idaho hereby establish.thisjoint permitting process for the issuance ofRCRA 

# '"
permits in Idaho. Thisjoint permitting process is established 

### in accordance with section 3006(c)(3) ofRCRA. A detennination on which sites may requirejoint pennitting will 

### be made by the State 

### and EPA, noted in the State Grant Workplan. Upon authorization ofthe State for any ofthe provisions ofRCRA, the specifics ofthe Joint Permitting Agreem:nt as set in the annual State grant worle: program 

### shaJl he amended to reflect the authorization. Amendment ofthis MeroorandumofAgreement or 

### the execution ofa separate Meroorandum ofAgreement may 

### be required for authorization ofany of

### the provisions ofHSWA. 

### VI, PERMIT ADMINISTRATION 

## A. EPA
EPA will administer 

### the enforcement, modification, revocation, reissuance, 

### and termination ofthose ponions ofjoint StatelEPA permits for which the State does not yet have authority, until such time as the State adopts 

### the provisions as a matter ofStatelaw and is j authorized for 

### the provisions by EPA 

### and 

### in accordance witb section VI.B ofthis agreement.

# I

9. Revised 1·30-01

### B. State The State agrees to review all hazardouS waste permits which were issued 

### under Statelaw prior to the effective date ofthis Agreetrent in accordance with 40 CPR 271.13(d), and to modifj, or revoke and reissue, such permits as necessary to require compliance withthe 

### amended State Program 

### The State 

### shall notify EPA ofany permits not equivalent to federal 

### permit requirements, including any pennits that have been issued but 

### are pending administrative or judicial appeal. Except for 

### these non-equivalentpermits, once EPA has detennjned 

### that the State 

### has fulfilled the requiretrents of40 CPR 271.13(d), EPA will terminate the applicable Federal pennit, or Federal portion of

### the pennit. pursuant to the procedures in 40 CPR 124.S(d), notify 

### the State that the permit is terminated, and no longer administer those permitsp<:>nions ofpermits for which the State 

### is authorized. Where the Statepennit is not equivalent to federal permit requirements, the Statemay modify, or revoke 

### and reissue, jts permit as necessary to require compliance withits authorized programin a manner consistent with RCRA as amended by HSWA. IT the State does not modify. or revoke 

### and reissue. a permit equivalent to 

### the federal permit, EPA wID administer 

### and enforce its permit until it expires or 

### is terminated. Upon the effective date ofan equivalent Stllte permit, EPA will terminate the federal permit pursuant to 40 

### CPR. 271.8(b)(6) and 124.S(d). EPA will notify the pennitteeby certified 

### mail ofits intent to terminate 

### the federal pennit, 

### and give the permittee 

### 30 days in which to 

### agree or object to 

### termination ofthe permit,

## ~ 

## , The State agrees to resolve all State permit appeals in a manner consistent with

### its authoriwf RCRA program. 

### VII. COMPLIANCE MONITORING AND ENFORCEMENT A. EPA Nothing in this Agreement 

### shall restrict EPA's right to inspect any hazardous waste generator, transporter or facility or 

### bring enforcetrent action against any personbelieved to be in violation of

### the State or Federal hazardous wasteprogramorbelieved to have a release of hazardous waste or coDstituent. Before conducting a civil compliance/enforcetrent inspection of a generator. transporter or facility, the Regional Administrator will normally give the State at least seven days notice ofthe intent to inspect in accordance with 40 CFR271.8(b)(3)(i). 

### Incase of an imminent hazard to human health or the environtrent, the Regional Administratormay shorten or waive the notice period. EPA agrees to make available to the State copies ofany repons and data resulting from compliance inspections within a reasonable 

### time from completion of

### the inspections. Under current Region 10policy, 

### ifthe State makes notice to EPA that an inspection wID be made. with an inspection report provided, no EPA 

### civil inspection wID be made, unless the
10. Revised 7-30-01) Regional Administrator deems 

### the State actions to be inadequate or 

### the Regional Administrator

# ~) has reason to believe there 

### is an imminent and substantial endangerment to human

### health or the enviro1llnent; however, notwithstanding tbe above policy 

### and as required

### by 40 CFR27l.8(b)(S) no limitations on EPA compliance inspections ofgenerators, transporters, or non-majorHWM facilities under 

### 40CFR 271.8(b)(4) 

### shaJl restrict EPA'sright to inspect any generator, transporter, or

### HWM facility which it has cause to believe 

### is not in compJiance withRCRA, 

### and as required 

### by 40 CFR 271.8(b) 

### this policy 

### shall not restrict EPA's authority to 

### inspect major HWM facilities. Before conducting a civil inspection, EPA wiD allow the State a reasonable opportunity to conduct a compliance evaluation inspection. TIle frequency ofEPA oversight 

### and training inspections wiD be specifiedinthe 

### annual State grant work program. EPA wiD negotiate on an annual 

### basis with the State the number or percentage of

### the State's compliance inspections on whichEPAwiD accompany the State.

­ EPA may take enforcement action against any person determined to be in violation of RCRA in accordance with section 3008. EPA will take 

### civil enforcement action upon detennining that the Statehas not taken timely 

### and appropriate enforcement action orupon request by the State. Prior to 

### issuing a compliance orderunder section 3008(a) EPA will give notice to the State pursuant to 3008(a)(2). EPA also retains its rights to issue orders and bring actions under sections 3008(h), 

### 3013 and 7003 ofRCRA and any other applicable Federal ) statute.After notice to the State, EPA may take action under section 3008 ofRCRA against a 

### hOlder ofa State-issued pennit on the grounds that 

### the permittee is not complying with a condition ofthat pennit. In addition, EPA may take action 

### under section 3008 ofRCRA against a holder ot: a State-issuedpermit on the grounds 

### that the pennittee 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 programrequbements. whether ornot thai condition was 

### included in the final permit. 

### B. State The State agrees to carry out a timely 

### and effective programfor nxmitoring compliance by generators, transporters. and TSD facilities (see 

### 40 CPR 271.15). Aspart of

### this program, the State 

### wiD conduct inspections to assess compliance with generator 

### and transporter 

### standards (including manifest requirements), facility standards, pennit requirements, compliance schedules, and all otherprogramrequirements. Compliance IOOnitOring activities and priorities wiD be specified 

### in the 

### Office ofEnforcement and Compliance Assurance's

### hi-annual MOA guidance and the annual State grant work program and 

### shall be consistent with all appliCable Federal requirements 

### and with the State'sProgramDescription. State specific activities 

### and priorities for compliance IOOnitOring, TSD and generator inspections 

### will be negotiated in the annual grant 

## l workplan.

11. Revised 7-30-01Individuals in the State programmaybe designated by tbe Regional Administrator as EPArepresentatives under section 

### 3007 ofReRA, 

### so that they caninspect facilities for violations 

### ofthe tenns and conditions ofFederalpermits. Designations with respect to section 

### 3007 ofRCRA 

### will be negotiated in the annual grant workplan or at other times upon mutual agreement ofboth parties. 

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

### the 

### 1996 Hazardous Waste Enforcement Response Policy against 

# an persons in violation of generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and

# an other programrequirements, including violations detected by State orFederal compliance inspections. The State 

### will maintain 

### procedures for receiving and ensuring properconsideration ofinformation about violations submitted

### by the public. Subject to the provisions ofsection 

### IV (A)(

### 4) herein, the State agrees to provide 

### BPA with copies ofreports resulting from any compliance inspection and subsequent enforcement actions, when EPA requests 

### suchcopies. 

### The State agrees to retain all records for at leastthree years unless there is an enforcement action pending. 

### In that case all records 

### will be retaineduntil three years from the date such action is resolved. 

### VIII. A VAILABILITY OF INFORMATION A. General Section 3006(t) ofRCRA requires an authorized state to provide for 

### thepublic availability ofinformation obtained 

### by the State regarding facilities and 

### sites for treatment, storage and disposal ofhazardous waste. Such information must be available to 

### the public in substantially the SaIOO manner as, and to the SaIOO degree as, that available 

### UDder federal law

. 

### B. Requests 

### for Information 1. After a determination that this information is available for disclosure under 

### the Idaho Public Records Act, Idaho Code § 

### 9-337 et seq., the State agrees to make 

### cenain materials routinely available without a formal information request. Examples ofthese materials are final opinions or orders in case adjudication, State regulations, statementsof Agency policy, and administrative staffmanuals affecting the public. 

### In addition, records preparedfor routine public distnbution 

### will also be made available. Examples of

### such records are press releases, copies of speeches, pamphlets, and educationalmaterials.
2. 

### The StateAgency agrees to make reasonable efforts to assist a requestor in identifying records being sought, and to 

### help the requestorformulate 

### his or

### her request. 

### 3. Ifa request for information is denied, 

### the State agrees to provide 

### the requestor 

### thebasis 

### , for the denial and to notify the requestor ofany Statejudicial, administrative procedures, !
12. Revised 7-30-01

# •

or statutes oflimitation in accordance with the Idaho Public Records Act, Idaho Code 

### § 9-337, et 

### seq. 

### 4. TIle State agrees to make the fullest possible disclosure ofrecords to the public, except where the record would qualify for any ofthe exemptions 

### under the 

### Idaho Public Records Act, Idaho Code 

### § 9-337, et seq. or under the FederalFreedomofInformation Act, 

### 5 U.S.C. 552(a)(2), 

### ifsuchexemption is recognized by the State. 

### 5. A reduction or waiver offees will be considered in connection with eachrequest from a representative ofthe 

### press or other communication medium, orfrom a public interest group. TIle State agrees to reduce or waive the fee 

### ifit 

### determines that 

### areduction or waiver ofthe fee is in the public interest because furnishing the informationcan be considered 

### as primarily benefitting the general public. 

### C. Confidentiality ofBusiness Information Pursuant to the Idaho Public Records Act, Idaho Code § 9-335 et seq.,the State agrees to detennine whether 

### a record constitutes a trade secret pursuant to Idaho Code § 9-340(2) within three (3) days, or. upon notice to the requestor not longer than ten (10) days 

### from receipt 

### ofa request for such a record. Records which have not been claimed as trade secrets by a business at ) the first opportunity at or near the time of submission or collection and have not 

### been subject of

reasonable effort to maintain secrecy, and 

### are not trade secrets within the 

### :meaning ofIdaho Code § 9-340(2) will be released upon request without furthernotice to the business. 

### D. Oversight 1. TIle State agrees tokeep a log ofdenials ofrequests for information (or a file containing copies ofdenial letters sent to requestors) which will 

### be 

### made available to 

### BPA during the State review. 

### 2. The State 

### agrees to

### keep BPA fully informed ofany proposedtmdifications to itsbasic statutory or regulatory authority, its forms, procedures, orpriorities, 

### as applied to 

### section 3006(f).

U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 10**BY:_~~~&-=-L::.~~** 

## ) REGIONAL**A9M~TRATOR** 

### DATE 

# f f 

# 'IO(

13. Revised 1·30·0114. Reviaed 7-30-01I

BASE PERMITIING DOCUMENT FLOW
BETWEEN EPA AND IDAHO DEQ

State Action ItemDesCription EPA Action Item New and revised Part A application Copy to EPA Review and become familiar with document 1

a) LDF Operating Permit Part Bs, and Copy to EPA Review and become subsequent revisiollll 

### 2 within 30 days of familiar with b) Combustion Operating Permit Part Bs, receipt. documents. including 

### trial burn plans, 

### and CollJlUem as subsequentrevisiollll, and risk appropriate at State assessment protocols 

### and risk request assessments c) SubpartX Part B's, risk assessment protocols, and risk assessments ) 3 Copies ofwarning letter and 

### first Notice Copy to EPA Review fur HSWA ofDeficiency (NOD) for

# an TSDFs app1icabiJity, e.g. CC. Copies of2nd and subsequent Send draft 30days Corrnnents, 

### if any, 4 NODs/Order for facilities in item2. prior to issuance 

### if w/in 30 days of comments receipt requested; 

### final when 

### issued. Completeness determinatiollll for

# an Send 30 days prior Monitor progress. TSDFs 

### 5 to issuance Corrnnents, 

### if any, due within 30 days of receipt. Send to EPA 30 

### Draft permits 

### and draft modifications for Corrnnent 

### to State TSDFs 

### in item2, with fact sheets 

### and 

### 6 days before start w/in 30 days of public notices ofpublic comment receipt. period. Copy to EPA with 

### Draft permits 

### and draft modifications for Review 

### and comment 

### all other TSDFs, with fact sheets and 7 monthly to State/facility 

### if public notices submittals cursoryreview indicates problems. )

15.

### •

Final 

### permits and final roodifications for aU TSDFs, 

### and notices ofpemJit denials 

### 8 Emergency Permits 9



### a) Clean Oosure Plans for LDPs b) Closure Plans for TankUnits 

### 10

Closure Plan NODs for item 10 facilities 

### 11

Closure Plan public notices, approval letters and closure acceptance letters faT all TSDFs 

### 12

Closure equivalency petitions and all associated docwnents 13

Other doCUllllmts 

### at State's request 

### 14 .Copy to EPA
Notify EPAby telephone ASAP, then send copy of pertuit Send to EPA with 

### roonthly submittals Copy to EPA

Copy to EPA

Copy to EPA

Per State schedule Review 

### ifEPA commentedon

### draft. Monitor situation.

Bcco:tIJe familiar with 

### • plans, particularly clean closure submittals Review and 

### provide comments to State, 

### if requested 

### COll11nent during public COIlllDmt 

### period. Review 

### and provide comments to State during COlIllJJeD.t period. Assist State to maximum

### extent 

### POSSto1e.

)
16. Revised 7·30-01, 

### CORRECTIVE ACTION DOCUMENT FLOW 

# f.) BETWEEN EPA AND IDAHO DEQ


# ...,) Item ItemDescription State Action EPA Action 

### 1 Visual Site Inspection notification tetters sent to facilities cc: EPA Review lettet: or supply standardletter for state

## use. Accompany State, 

### if appropriate. 

### 2 Draft RFA Reports generated by State Send to EPA in 

### draft Conn when sent to facility for COIIllJlel1t COIIllJlel1ts to State

.w/in 30 days of receipt, or teU State 

### will notreview. 3 Final RF A Reports sent to facilities Copy to EPA Review 

### ifEPA COIIllJlel1ted ondraft. 

### 4 Final EI evaluations and NCAPS worksheets Send to EPA Review 

### ifEPA COIIllJlel1ted ondraft 

### 5. Stabilization Evaluation Questionnaires (GPRAUniverse)

. Copy to EPA COIIllJlel1ts, 

### ifany to State w/in 30 days of receipt 

### 6 All work plans and reports that address investigation and·corrective action requirements for SWMUs at facilities withhighNCAPS ranking. Copy to EPA unless COIIllJlel1ts requested on expedited schedule. Becotnefamiliar with docum:nts.

7 Notices ofTecbnical Inadequacy (NOTIs) and NOVs and Orders on Corrective Action Documents in item7 cc: EPA EPAreview, 

### if requested.


### 8 Remedy Selection DocutrJ!nts (PemUt xmds., Orders, SOBs, etc.) Copy to EPA 30 days before issuance of draft. copy of final to EPA upon issuance. Review and connnent 

### wrm 30 days of receipt ofdraft. Review final for confonnity to EPA COIIllJlel1ts

.



### , 17. Revised 7-30-01 \ 

# •

\

# . . •

ENFORCEMENT AND COMPLIANCE DOCUMENT FLOW BETWEEN EPA AND IDAHO DEQ (Items in Italics show varying requirements between States)

Item ItemDescription State Action EPAAction 1 List of

## an facilities I 

### TSDFs I 

### significant generators that State 

### will inspect eachquarter/year Send list to EPA prior to start of quarter I 

### year Review list and notify State which facilities EPA 

### will inspect. 2A2 State draft inspection reports forjoint EPAlState inspections prior to finalization Send to EPA for review ConDIJent to 

### State w/in 15 days of receipt. 2B EPA draft 

### report forjoint EPAlState inspections; EPA final inspection report for independent inspections Review draft EPA joint inspection report and provide comments to EPA Fmalreports to be 

### sent to 

### facility with cc to State w/in 45 days after inspect. 

### 3 For 

## an inspections I 

### inspections of Significant Non-Compliers (SNCs), copies ofinspection reports, and any follow-up reports, warning letters, NOVs, and 

### administrative orders, etc. Send to EPA upon issuance 

### I specified time frame Monitor State Actinn for timeliness and 

### appropriate action. 

# r"

4 All enforcementreferrals from district offices to central office Send copy to EPA (Same as above)


### 5 Notice ofIntent to receive hazardous waste from a foreign source pursuant to 40CPR 265.12 Send copy to 

### EPA upon receipt 

### I within 5 days ofreceipt Region 

### review and 

### take action as necessary 

### 6 Notification ofState that EPA 

### will take enforcement action Receive notification and take appropriate response, 

### ifrequired Notification prior to 

### issuing 3008(a) 

### Order by telephone and

### lor writing within a 

### specified time frame

18. Revised 7·30

..01

# ,

7 Notification of EPA ofany Slate notifies EPA EPA reviews 

### per offdetennination that a CERCLA off-site within 5 days of site rule, consults facility is a SNC or 

### may be posing detennination with State, 

### and takes significant threat to public health, appropriate action. welfare or the environment or otherwise affect the satisfactory openition ofthe facility. 

### 8 For 

### all TSDFs receiving CERCLA off State will send within EPA reviews peroffsite waste, Inspection 

### Reports, NOVs, 15 days ofissuance site rule, consults Orders, Civil and or Criminal actions withState, 

### and takes 

### and corrective actionrequirements appropriate action. when significant RCRA violations occur and a formal enforcement response is initiated. 

### 9 Draft and final delisting decisions, Send draft to EPA 30 SPA review 

### and where State is authorized for delisting days before public provide conlliJeUts to notice. Send final State within 30 days decision to EPA 15 ofreceipt ofdraft 

# ) days before mailing decision. EPA notify to applicant Statebefore State mails final decision to applicant 

### if EPA finds serious teclmical deficiencies. 

### 10 Citizen concerns referred to Stateby State investigate and SF A refer to State. EPA 

### report results to EPA wfm 30days of referral from EPA.

19.