APPENDIX V 

·... 


MEMORANDUM OF AGREEMENT BETWEEN 

THE STATE OF IDAHO 

AND 

TIlE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

I. GENERAL 

This Memmllldl.UIl of Agreement (hereinafter" Agreement") establishes policies, 

responSlbilities, and procedures pursuant to 40 CPR 271,8 for the State of Idaho Hazardous 

Waste program (hereinafter "State Program") authorized under Section 3006 of the Resource 

Conservation and Recovery 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 States Environn¥mtal 

Protection Agency (hereinafter EPA) Regional Office for Region 10. This Agreement further 

sets fonh the manner in which the State and EPA wiD coordinate in the State's administration and 

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

..) non-authorized provisions of the Hazardous and Solid Waste Amendments of 1984 (HSWA). 


! . For purposes of this Agreement, references to "RCRAn include HSWA. 


V This Agreement is entered into by the Administrator of the Division ofEnvironmental 

Quality. Idaho Department ofHealth and Welfare (hereinafter "DBQ Administrator" or "the 

State") and the Regional Administrator, EPA Region lO(hereinafter "RegiOnal Administrator" 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 

shall be construed to contravene any provision of 40 CPR Part 271. This Agreement does not 

restrict EPA's oversight authority for State program activities that are part of the federal program, 

does not establish privity between EPA and the State, and does not restrict EPA's independent 

enforcement authority. 

The parties wiD review the Agreement jointly at least once a year (and other tin::¥ls as 

appropriate) during preparation of the annual State Grant workpJan or Perfonnance Partnership 

Grant (hereinafter ''Grant''), in connection with grant funding under section 3011 of RCRA. 

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

consistency with State program modifications made or for any other purpose mutually agreed 

upon. Any revisions or modifications to this Agreement must be in writing and must be 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 40 CPR 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 both panies. This Agreemmt shall replace the 

Agreement dated September 17, 1996, effective October 6, 1998. 

11. POLICY STATEMENT 

Each of the panies to this Agreement is responsible for ensuring that its obligations under 

RCRA are met. Upon granting of final authorization by EPA, the State asSUllleS primary 

responsibility for implementing the authorized provisions of the RCRA hazardous waste program 

within its geographic boundaries, except in Indian country. 'The State will conduct its hazardous 

waste program in accordance with EPA program policies and guidance. I Wbilc EPA retains 

responsibility for the direct implementation of those 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 high level of cooperation and coordination between their respective staffs in a 

partnership to assure successful and effective administration of the State program. 

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


execution of the 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 of the 


hazardous waste program, and to encourage the State and EPA to agree on desirable teclmica1 


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, 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 program on a continuing basis for equivalence and consistency with RCRA. this 

AgreeJl'V!nt, and all applicable Federal requirements and policies, and for adequacy of 

enfon:emrmt. This asseSSIl'V!nt will be accomplished by EPA review of infunnation submitted by 

the State in accordance with this AgreeJl'V!nt and the State Grmt work program. pennit overview, 

complimce md enforcement overview, and annual review of State program activities. The 

Regional Administrator may also consider, as part of this regular assesSIl'V!nt, written comments 

about the State's program administration and enforcement that are received from regulated 

persons, the public, md Federal,State and local agencies. Copies of any such comments 

received by the Regional Administrator will be provided to the State. 

/. 

Except for those documents protected by attorney client privilege pursuant to Idaho Rule 

of Evidence 502 , Idaho Code § 9-203, or otherwise subject to protection 118 attorney work 

product pursuant to Idaho Rules of Civil Procedure 26(b)(3). the State shaD allow EPA to 

routinely review State records, reports, and files relevant to the administration and enfOreement 

of the approved program EPA agrees that all requests for infonnation will be coordinated in 

advance when possible. Coordination will not subject EPA to State FOlA requirements. 

Program review meetings between the State and the EPA will be scheduled at reasonable 

intervals to review specific operating procedures and schedules. to resolve problems and to 

discuss mutual program concem:s. These Jl'V!etings will be scheduled at lell8t fifteen days in 

advance unless mutually agreed to differently. A tentative agenda for the meeting wiD be '-l

) 

prepared by EPA. 

The State and EPA agree to develop. on an annual basis as a part of the State grant work 

program, criteria for priority activities, including activities regarding handlers ofhazardous 

waste. These criteria wiD be based on guidance issued by EPA in the annual Agency Operating 

Year Guidance. other guidance doCl1IIleDtS as may be 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 program eleIl'V!nts are covered in their respective Sections: V. Pennit Issuance, 

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 the respective infonnation needs of the State and EPA evolve. 

" changes to this section of the AgreeIl'V!nt or the tables may be appropriate. During the annual 

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

review of this Agreement the State and the Regional Administrator will carefully examine the 

infonnation sharing requirements for needed revision. 

Infonnation related to Sections V. and VI., Permitting, and Section VII., Enforcement, 

shall he sent by the State to: Jeff Hunt, EPA Region 10,1200 Sixth Ave., WCM-122, Seattle, 

WA 98101. EPA shall send permit and enforcement related infonnation to: Brian Monson, 

Idaho Department ofHealth and Welfare, Division ofEnvironmental Quality, 1410 North Hilton, 

Boise, ID 83706-1255. 

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 will also provide general teclmical guidance to the State. 


EPA will share with the State any reports developed by EPA from the data submitted 


through State reporting requirements. 


2. 	 EPA will make available to the State other relevant infonnation as requested which the 

State needs to implement its approved program. lnfonnation provided to the State will be 

subject to the tenns of 40 CPR .t:'art 2. 

3. 	 The State agrees to infonn the Regional Administrator of any proposed program changes 

which would affect the State's ability to implement the authorized program with as much 

advance notice as possible. Program changes of concern include modification of the 

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

affecting those authorities), modifications of Meriloranda of Agreement or Understanding 

with other agencies, and modifications of resource levels (i:e., available or budgeted 

personnel and funda). Program changes also include legal changes that would affect 

compliance monitoring and enforcement, such as. privileges and immunities laws. The 

State recognizes that program revisions must be made in accordance with the provisions 

of 40 CPR 271.21, and that until approved by EPA. revisions are not authorized as RCRA 

Subtitle C requirements, however revisions may be enforced under State laws and 

authority but not in lieu offederal RCRA until such time, if any, as EPA 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 of Evidence 502 and ldaho Code § 9-203 or otherwise subject to attorney 

work product pursuant to Idaho Rules ofCivil Procedure 26 (b)(3) ,the State agrees to 

provide any pertinent infonnation requested 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 or his or her designee within the specified time periods: a) Midyear and 

4. 	 Revised 7-30-01 
End-of-Year reports on the dates set in the Grant and b) Additional reports 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 waste handlers to change their classifications (e.g., requests to be deleted as 

generators but to retain 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 Pan A Permit Application.) 

7. 	 EPA agrees to adhere to the schedules in the Grant and the schedules specified by the 


Grant, including the Document Flow Tables. 


B. SUe Visits 

EPA is responsible for maintaining reliable national data on hazardous waste 

management. nus data is used to report to the President and Congress on the achievements of 

the hazardous waste program 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 

information from 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. If the State is unable to provide the information or ifit is necessary to supplement 

the State information, EPA may conduct a special surveyor perform information collection site 

visits after notifying 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'such information collection. 

C. Emergency Situations 

Upon receipt of any information that the handling, storage, treatment, transportation, or 

disposal of hazardous waste is endangering human health of the environment, the pany in receipt 

of such 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 client privilege 

and attorney work product protection ,any information obtained or used in the 

administration of the State program shall be available to EPA. Ifthe information ha$ 

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

information to EPA in II manner reasonably anticipated to place EPA on notice of such 

claim of confidentiality. Any information obtained from a State and subject to a claim of 

confidentiality will be bandIed in accordance with the regulations in 40 CPR Part 2, 

Public information. ) 

5. 	 Revised 7 -30-01 
2. 	 EPA agrees to furnish to the State information in its files which is not submitted under a 

claim of confidentiality 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 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 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 of any delisting petition, and all subsequent revisions, to EPA 

within 15 days of receipt. Please consult the Enforcement and Compliance document flow table. 

attached to this agreement that contains additional information on delisting documents the. State 

will share with EPA. 

F. Notification 

EPA and the State have jointly decided that the State will assign all EPA I.D. numbers 


and enter all notification data into RCRlS. If the applicant sends a notification form (8700-12 or 


equivalent) directly to EPA, EPA will forward tbe form to the State for the assign:ment of an 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 of each proposed variance lind waiver at the 

time it is received. Within 45 days of receipt, 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, if EPA 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 of any public notices, variances, or waiver 

approvals to EPA within ten (l0) days of issuance. 

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 

.... ) or enter 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 of all SFA data entered in the 

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

action. 

6. 	 EPA will wonn the State promptly when changes are made to RCRlS that might affect 

the State's implementation ofRCRlS. EPA will assist the State in RCRlS consulting and 

training as resources 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 system in any 

way without advance consultation with, and agreement of, the other party. 

Both EPA and the State have the right, as implementers ofRCRlS, to choose and to (;) 9. 

change their RCRlS hardware plalfonns to optimize system efficiency, but will not do so 

in such a way as to negatively affect the RCRlS data base, access to the RCRlS data base 

reports, or the potential for updating RCRlS with new data. 

V. PERMIT ISSUANCE 

A. EPA PennJtting 

Upon authorization ofthe State program, 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. If EPA promulgates new standards requiring a permit modification, 

then EPA may, pursuant to 40 CFR 270.42(b)(6)(vu), extend the time period for final approval or 

denial of a modification request until such time that the State receives authorization for the new 

standards. At the time the State program is approved in the new areas, EPA will suspend 

issuance ofFederal pennits in the State. TIle State and EPA have agreed to a joint pennitting 

process (see section V.D of this Agreement) for the joint processing and enforcement of pennits 

for those provisions ofRCRA for which the State does not have authorization. 

7, 	 Revised 7 ·30-01 
EPA will transfer any pending permit applications, completed permits or pertinent file 

information to the State within forty-five days of the approval of the State program in 

confonnance with the conditions of this Agreement. 

B. EPA Overview of State Pennits 

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's Program 

Description. 

EPA may comment in writing on any draft permit or proposed pennit modification, 

within forty five days of its receipt, whether or not EPA commented on the pennit application. 

Where EPA indicates in a comment that issuance, m:ldification, reissuance, termination or denial 

of the permit would be inconsistent with the approved State program, EPA shall include in the 

comment: 

a. 	 A statement of the reasons for the comment (including citation to the section of 

the State or 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 will usually reach concurrence on permit conditions prior to issuance 


of the draft permit or approval of proposed 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 of any State-issued permit. 


EPA shall withdraw such comments if satisfied that the State has 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 or making the modification. 


Under section 3008(8)(3) ofRCRA, EPA may terminate a State-issued pennit in 


accordance with the procedures of 40 CFR 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 II State program 


requirement. In exercising these authorities, EPA will observe the conditions established in 40 


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 with Idaho 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 State pennit. The State agrees to issue, roodifY and reissue all permits 

subject to the authorized ponions of the State's program in accordance with the applicable 

provisiOns of IDAPA §§ 16.01.05.013 the state equivalent to 40 CFR Pan 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 begun before 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 or deny permits or those ponions of permits to facilities in Idaho for the 

requirements and proln'bitions in or stemming from HSWA, until the State's program is amended ) to reflect those requirem:nts and prolnOitions and authorization is received for the ponion or 

portions of the program. 

EPA and Idaho hereby establish.this joint permitting process for the issuance ofRCRA '" permits in Idaho. This joint permitting process is established in accordance with section 

3006(c)(3) of RCRA. A detennination on which sites may require joint pennitting will be made 

by the State and EPA, noted in the State Grant Workplan. 

Upon authorization of the State for any of the provisions ofRCRA, the specifics of the 

Joint Permitting Agreem:nt as set in the annual State grant worle: program shaJl he amended to 

reflect the authorization. Amendment ofthis Meroorandum of Agreement or the execution of a 

separate Meroorandum ofAgreement may be required for authorization of any of the provisions 

ofHSWA. 

VI, PERMIT ADMINISTRATION 

A. EPA 

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

termination of those 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 ofState law and is 

j authorized for the provisions by EPA and in accordance witb section VI.B of this agreement. I 

9. Revised 1·30-01 
B. State 

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

prior to the effective date of this Agreetrent in accordance with 40 CPR 271.13(d), and to 

modifj, or revoke and reissue, such permits as necessary to require compliance with the amended 

State Program The State shall notify EPA of any 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-equivalent permits, once EPA has detennjned that the State 

has fulfilled the requiretrents of 40 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 permits p<:>nions of permits 


for which the State is authorized. 


Where the State pennit is not equivalent to federal permit requirements, the State may 


modify, or revoke and reissue, jts permit as necessary to require compliance with its authorized 


program in 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 of an 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 pennittee by certified 

mail ofits intent to terminate the federal pennit, and give the permittee 30 days in which to agree 

or object to termination of the 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 person believed to be in 


violation of the State or Federal hazardous waste program or believed 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 of the intent to inspect in accordance with 40 CFR 271.8(b)(3)(i). In case 


of an imminent hazard to human health or the environtrent, the Regional Administrator may 


shorten or waive the notice period. EPA agrees to make available to the State copies of any 


repons and data resulting from compliance inspections within a reasonable time from completion 


of the inspections. 


Under current Region 10 policy, if the 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 -30-0 1 
) 

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 CFR 27l.8(b)(S) 

no limitations on EPA compliance inspections of generators, transporters, or non-major HWM 

facilities under 40 CFR 271.8(b)(4) shaJl restrict EPA's right to inspect any generator, 

transporter, or HWM facility which it has cause to believe is not in compJiance with RCRA, 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 specified in the 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 which EPA wiD 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 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 pursuant to 3008(a)(2). EPA also retains its rights to issue orders and bring 

actions under sections 3008(h), 3013 and 7003 of RCRA and any other applicable Federal 

) statute. 

After notice to the State, EPA may take action under section 3008 ofRCRA against a 

hOlder of a State-issued pennit on the grounds that the permittee is not complying with a 

condition of that pennit. In addition, EPA may take action under section 3008 ofRCRA against 

a holder ot: a State-issued permit 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 program requbements. whether or not 

thai condition was included in the final permit. 

B. State 

The State agrees to carry out a timely and effective program for nxmitoring compliance 

by generators, transporters. and TSD facilities (see 40 CPR 271.15). As part 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 other program requirements. 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's Program Description. State specific activities and priorities for 

compliance IOOnitOring, TSD and generator inspections will be negotiated in the annual grant 

l workplan. 

11. Revised 7-30-01 
Individuals in the State program may be designated by tbe Regional Administrator as 

EPA representatives under section 3007 of ReRA, so that they can inspect facilities for 

violations of the tenns and conditions of Federal permits. Designations with respect to section 

3007 of RCRA will be negotiated in the annual grant workplan or at other times upon mutual 

agreement of both 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 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. 

Subject to the provisions of section IV (A)(4) herein, the State agrees to provide BPA 


with copies of reports resulting from any compliance inspection and subsequent enforcement 


actions, when EPA requests such copies. 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 


three years from the date such action is resolved. 


VIII. 	 A V AILABILITY OF INFORMATION 

A. General 

Section 3006(t) of RCRA requires an authorized state to provide for the public 


availability ofinformation obtained by the State regarding facilities and sites for treatment, 


storage and disposal of hazardous 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, statements of 


Agency policy, and administrative staff manuals affecting the public. In addition, records 


prepared for routine public distnbution will also be made available. Examples of such 


records are press releases, copies of speeches, pamphlets, and educational materials. 


2. 	 The State Agency agrees to make reasonable efforts to assist a requestor 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 any State judicial, administrative procedures, ! 

12. 	 Revised 7-30-01 
• 


or statutes of limitation in accordance with the Idaho Public Records Act, Idaho Code § 

9-337, et seq. 

4. 	 TIle State agrees to make the fullest possible disclosure of records to the public, except 

where the record would qualify for any of the exemptions under the Idaho Public 

Records Act, Idaho Code § 9-337, et seq. or under the Federal Freedom ofInformation 

Act, 5 U.S.C. 552(a)(2), if such exemption is recognized by the State. 

5. 	 A reduction or waiver offees will be considered in connection with each request from a 


representative of the press or other communication medium, or from a public interest 


group. TIle State agrees to reduce or waive the fee if it determines that a reduction or 


waiver of the fee is in the public interest because furnishing the information can 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 of a 

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 of Idaho Code 

§ 9-340(2) will be released upon request without further notice to the business. 

D. Oversight 

1. 	 TIle 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 BPA during 

the State review. 

2. 	 The State agrees to keep BPA fully informed of any proposed tmdifications to its basic 

statutory or regulatory authority, its forms, procedures, or priorities, as applied to section 

3006(f). 

U.S. ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

) BY:_~~~&-=-L::.~~

REGIONAL A9M~TRATOR 

DATE f f 'IO( 

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

BASE PERMITIING DOCUMENT FLOW 


BETWEEN EPA AND IDAHO DEQ 


Item Item DesCription State Action EPA Action

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 

subsequent revisiollll, and risk appropriate at State 

assessment protocols and risk request 

assessments 

c) Subpart X Part B's, risk assessment 

protocols, and risk assessments 

) 3 Copies ofwarning letter and first Notice Copy to EPA Review fur HSWA 

of Deficiency (NOD) for an TSDFs app1icabiJity, e. g. CC. 

4 Copies of 2nd and subsequent Send draft 30 days Corrnnents, if any,

NODs/Order for facilities in item 2. 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. 

Draft permits and draft modifications for Send to EPA 30 Corrnnent to State 

TSDFs in item 2, with fact sheets and 

6 

days before start w/in 30 days of 

public notices of public comment receipt. 

period. 

Draft permits and draft modifications for Copy to EPA with Review and comment 

all other TSDFs, with fact sheets and 

7 

monthly to State/facility if 

public notices submittals cursory review 

) indicates problems. 

15. 

• 


Final permits and final roodifications for 

aU TSDFs, and notices of pemJit denials 

8 

9 Emergency Permits 

a) Clean Oosure Plans for LDPs 

b) Closure Plans for Tank Units 

10 

11 Closure Plan NODs for item 10 facilities 

Closure Plan public notices, approval 

letters and closure acceptance letters faT 

all TSDFs 

12 

Clo sure equivalency petitions and all 

associated docwnents 

13 

14 Other doCUllllmts at State's request

. Copy to EPA 

Notify EPA by 

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 

commented on 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 
, f.) CORRECTIVE ACTION DOCUMENT FLOW

BETWEEN EPA AND IDAHO DEQ 

...,) 


Item Item Description State Action EPA Action 

1 V isual Site Inspection notification tetters 

sent to facilities 

cc: EPA Review lettet: or 

supply standard letter 

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 not review. 

3 Final RFA Reports sent to facilities Copy to EPA Review ifEPA 

COIIllJlel1ted on draft. 

4 Final EI evaluations and NCAPS 

worksheets 

Send to EPA Review ifEPA 

COIIllJlel1ted on draft 

5. Stabilization Evaluation Questionnaires 

(GPRA Universe) . 

Copy to EPA COIIllJlel1ts, if any 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 

with high NCAPS ranking. 

Copy to EPA 

unless COIIllJlel1ts 

requested on 

expedited 

schedule. 

Becotne familiar with 

docum:nts. 

7 Notices ofTecbnical Inadequacy 

(NOTIs) and NOVs and Orders on 

Corrective Action Documents in item 7 

cc: EPA EPA review, 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 of draft. 

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 Item Description State Action EPA Action 

1 List of an facilities I TSDFs I 

significant generators that State will 

inspect each quarter/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 for joint 

EPAlState inspections prior to 

finalization 

Send to EPA for 

review 

ConDIJent to State 

w/in 15 days of 

receipt. 

2B EPA draft report for joint EPAlState 

inspections; EPA final inspection 

report for independent inspections 

Review draft EPA 

joint inspection 

report and provide 

comments to EPA 

Fmal reports 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 enforcement referrals 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 40 CPR 265.12 

Send copy to EPA 

upon receipt I within 

5 days ofreceipt 

Region review and 

take action as 

necessary 

6 Notification of State that EPA will 

take enforcement action 

Receive notification 

and take appropriate 

response, if required 

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 of any 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 of the facility. 

8 For all TSDFs receiving CERCLA off State will send within EPA reviews per offsite waste, Inspection Reports, NOVs, 15 days of issuance site rule, consults 

Orders, Civil and or Criminal actions with State, and takes 

and corrective action requirements 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 of draft 

) days before mailing decision. EPA notify 

to applicant State before State 

mails final decision 

to applicant ifEPA 

finds serious 

teclmical 

deficiencies. 

10 Citizen concerns referred to State by State investigate and SFA refer to State. 

EPA report results to EPA 

wfm 30 days of 

referral from EPA. 

19.