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### MEMORANDUMOFAGREEMENT OUTI..INE

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### GENERAL

II, RESPONSIBILITIES A. Policy Statement B. Information Sharing r--

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### 1. EPA General Program Information Transfer 2. State General Program Information Tran.sfer 3. Emergency Situations and Information Transfer 4. Confidentiality C. Permit Issuance 1. 

### EPA 2. State D. State ProgramReview E. Enforcement 1. 

### Identification of "Hajor" Hazardous WasteManagement Facilities 2. ComplianceMonitoring 3. Enforcement Actions F. Specific State Program ImplementationAgreements ._-- --------,MEMORA1'IDUMOFAGREEMENT BE1\olEEN THE STATE OFWASHINGTON AND THE UNITED STATES**E~~IRONMENTAL** PROTECTION AGENCY REGION XFOR INTERIMAUTHORIZATION PHASE I AND PHASE II,**CO}~ONENTS** AAND B

I. GENERAL This Memorandum of Agreement (hereafter "Agr eement") establishes policies, responsibilities, and prqcedures pursuant to 40 CFR 123.126 for operation of the State ofWashington's Hazardous WasteManagement Program (hereafter "State Program") authorized under Section 3006(C) of the Resource Conservationand Recovery Act (hereafter ltRCRAltor "theAce' of 1976 (Pu , L. 94-580, USC 6901,**~~)** and the United States Environmental Protection Agency (hereafter EPA) Regional Office for Region X. This Agreement further sets forth themanner inwhich the statewill coordinate**t~ith** EPA in administering State Program. This agreement is entered into by the Director of theWashington State Department ofEcology (hereafter "Df.reccor " or tithe State"), the lead agency for the state program (as designated by the state pursuant to 40 CFR l23.l24(b»and the RegionalAdministrator, EPA, Region X (hereafter "RegLona LAdministrator" or"ltEPAtI) . Nothing in this Agreement restricts EPA's authority to fulfill its oversight and enforcement responsibilities under RCRA. ---------Tlie parties will reviewthis Agreement

-jointlyatleast**onc~ayear**during preparation of the annual State Grantv70rkProgram (hereafter ,"StateWork Program"), in connectionwith grant funding under section 3011 of RCRA. This Agreementmaybemodified upon the initiative of either party in order to ensure consistencywith state programmodification or for any other purpose mutually agreed upon. Any revisions or modifications must be in writing and must be signed by both the Director and the Regional Administrator. This Agreement will remain in effect until the State wi.thdraws from authorization oruntil such time as state program authorization is withdrawn by EPA, according to the provisions of 40 CFR 123.136, or reverts to EPA according to the provisions of 40 CFR 123.137. Final authorizationwill require the execution of a new Memorandumof'Agreement. Unless otherwise stipulated, this Agreement, and any subsequent modifications made, will take effect immediately upon being signed by the Director and theRegional Administrator. 

### --,II. RESPONSIBILITIES OF PARTIES A. Policy Statement Each of the parties to this Agreement is responsible for ensuring that its obligations under RCRA are met. The Director and the Regional Administratoragree to maintain a high level of cooperation and coordination between state and EPA staffs in a partnership to assure successful and effective administration of the state authorized program. The state has primary authority and responsibility for all aspects of the authorized hazardous waste program. Under interim authorization, Washingtonwill have responsibility for coordination of the programwith other authorized states and with EPA in states without authorization. The state expects to have minimum resources for implementing this programand will prioritize activities through the annual state workplan and accomplish them in order of priority. EPAwill keep the Director informed of the content and interpretations of Federal statutes, by providing regulations, guidelines, standards, policy decisions, directives, and"any other factors that affect the state program.. EPA also will provide general technical assistance to the state. B. Information Sharing 1. EPA General Program Information Transfer EPA agrees to providecopies ofall NotificationForms (8700-12), including issued EPA identification numbers from hazardous waste generators, transporters, and treatment, storage, and disposal facilities located in the state to the Director within thirty (30) days of this Agreement.

___EPA_wilLraLso.cp.rov.Lde,-within-thi.t;ty--(-3O}-d-ya-s-of-t"-ec-eipt:=--,-cop-ies of the NotificationForms (8700-12), including EPA identification number, submitted by persons located in the state after the date of this agreement. EPA agrees to transfer to the Director or his designee copies of all Part Aand Part Bhazardous wastemanagement facility permit applications originally submitted to EPA under 40 CFR 122.22 by facilities located in the state before the date of this Agreement. Permit applications, not already transferred to the state, will be provided to the Director or his designee within thirt.y (30) days of the execution of this Agreement. EPAwill also provide, within thirty (30) days of receipt, copies of Part Aand Part Bpermit applications submitted directly to EPA after the effective date of this Agreement. EPAwill keep the department informed of all proposed or adopted Federal regulations as promulgated in the Federal Register adopted pursuant to RCRA or required ofanother Federal agency to implement the full scope of the State approved hazardous waste management program. EPAagrees to compile the data (compliance inspections, letter of compliance, and enforcement letters) submitted by the state and 

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### .. produce the Quarterly Statistical and Narrative Non-Compliance. Reports. EPAwill assist the department in obtaining publications of any environmental impact or assessment statement, technical support document, guidance document, or any other publication developed by EPA, EPA contractor, or other Federal agency related to the development of a State approved hazardous waste mana.gement program. EPAwill make available to the Director all updated information developed by EPA 

### (e.g., permits) or other information as requested which the state needs to implement its approved program including automatic data processing (ADP) computuer files. 2. State General Program Information Transfer The State agrees to inform the Regional Administrator of any program changes whichwould affect the State's ability to implement the authorized program. Program changes of concern include modification of State legal authorities (statutes, regulations, judicial decisions), modifications of interagency agreements or modifications of resource levels. The State agrees to submit to the Regional Administrator the following documents, reports, and other information: Makeavailablewithin 30 days of compliance inspections n completed inspectionreport including any compliance letters and schedules. Semi-annual progress report summar1z1ng the State's efforts inmeeting the requirements of the "Authorization Plan." Quarterly forecasts of the facilities to be inspected for the upcoming quarter, by two weeks before the beginning of the quarter. EPAwill inform the State of the facility inspections inwhich EPAwill participate (approximately 5% annually). The State will provide EPAwith at least two weeks notice of the final date for inspection of such identified facilities. The State agrees to require new generators, transporters, and hazardous waste management facilities to obtain identification numbers consistent'with the Dunand Bradstreet Data Universal Numbering (DUN) system for businesses and General Service Administration Real Property Number, or equivalent, for governmental agencies. EPA and the state will praticipate in a joint effort to assign DUN identification numbers to all new generators, transporters, and TSD facilities who notify the state. The state will receive and review all new notifications of dangerous waste activities and send to EPA for an identification number assignment. The statewill then inform the requestor of the new identification number. Both EPAand the state will work as rapidly as possible to provide identification numbers to new notifiers. The stateagreasto submit to the Regional Administrator the following permit information as frequently as noted below for "major hazardous waste facilities." -3-",

ITEMDESCRIPTION 

## a. Acopy of permit applications originally submitted to the state and subsequent revisions or additions to these applications after the effective date of this Agreement by all major hazardous waste facilities. b. Copies ofdraft permitsr proposed permitmodifications, and accompanying explanatory material for all major hazardous waste facilities.

c. Copies of final permits for all hazardous waste facilities. .,--.., :

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FREQUENCY OF SUBMISSSION Within 30 days of their receipt by the state.

Within five working days of their completion.

Within 30 days of their issuance.

3. Emergency Situations and Information Transfer Uponreceipt ofany information that the handling, storage, treatment, transportation, or disposal ofhazardous 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. Eachparty will notify cooperating response agencies according to their respective oil and hazardous substance spill plans. Such notification shall include name**oJ_g~nerator** or**facilit~,**__ad_dr_e_ss

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of_emergency_,

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---------**--~---------EPA** identificationnumber, nature of emergency, actionbeing taken by notifier, and actionrequested by notifier or other party(ies)', 4. Confidentiality All of the information EPA transfers to the state will be provided subject to the terms of 40 CFR Part 2. Anyinformation obtainedorused in the administration of the state program shall be available to EPAwithout r.estriction. If information has been submitted to the state under a claim of confidentiality, the state must inform EPAof such claim. EPAwill treat all information submitted to itwith a claim of confidentiality in accordancewith the procedures of 40 CFRPart 2. C. Permit Issuance 1. EPA Uponapproval of the State program, EPAwill suspend issuance of Federal permits for activities subject to Components Aand Bof Phase II (unless legally unable to do so) where permitting has been a joint State/Federal process. For facilities whichreceived ,-4-**2~** a Federal RCRApermit prior to the date ofauthorization, EPAwill seekpermittees' agreement to terminate the Federal permitwhere a State issued permit was developed jointly with EPA and contains at a minimum, identical conditions as the Federal permit. In these instances, thejointly issued/identical State permit will be considered a RCRA permit. EPAmay comment inwriting on draft permits or proposed permitmodifications for major facilities (whether or not EPA commented on the permit application) during the public comment period whichwill consist of 45 days from when the announcement is givenby public notice. Where EPA indicates that issuance, modification or reissuance ofa major permitwould be inconsistent with the approved program, EPAwill follow 40 CFR 123.134 in providing comments. These comments will be inwriting to the department and will include a statement of the reasons for the comment,: including the section of the Federal or State laws or regulations that are in effect. EPA will identify the actions the state should take to satisfy these concerns and will discuss with the department prior to sending a copy of the comment to the permit applicant. EPA shall withdraw such comment when satisfied the State has met or refuted the concern. Upon a request by the State, EPAwill provide technical assistance for permit issuance. This assistance could be in the form of using the "permit assistance team." State Uponapproval of the state program, the state will continue the permit issuance activity initiated jointlywith EPA prior to authorization for facilities subject to Phase II Components Aand B unless the state and'EPAagree to terminate the process on a caseby-casebasis.**~9JL«~Q~i~~~~~e,~~~~~~n.EaDd~**

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-----.----**---·-~4.:.ftn4~'\'~rijdiT;;b£3;;E~i:J;~C·t~~~~9tate' .wo~k:JPlaQ$** . : i I The state is responsible for drafting, circulating for public review . and comment, issuing, modifying, reissuing, and terminating RCRA permits covered by Phase I and Phase II Components Aand B in a manner consistentwith RCRA, theMemorandumofAgreement, and all applicable Federal requirements. The state agrees to consider all comments EPAmakes on major permit applications and draftmajor permits before orduring the 45 day public comment period. The statewill consider EPA's concerns on a particular major permit application, proposed major permit application, or draftmajor permit and, if appropriate, will respond inwriting before issuing the permit or making the modification. The state agrees to issue, modify or reissue permits in accordance with all applicable state permitting regulations. The state agrees that any compliance schedules contained inpermits will require compliancewith the Dangerous Waste Regulations.



### -5-D. State ProgramReview The Regional Administrator will assess the Director's administration and enforcement of the state programon a continuing basis for consistency with RCRA. with this Agreement, and with all applicable Federal requirements and policies. This program evaluation will generally be accomplished by an EPAreview of the information submitted by the Director in accordance with this Agreement and the State WorkPlan. The Regional Administrator may also consider, as part of this regular assessme.nt, written comments about the state's program administration and enforcement that are received from regulated persons, the public. and Federal, state, and local agencies. Copies of any such comments received by the Regional Administrator will be provided to the Director. To ensure effective program review, the Director agrees to allow EPA access to all files and other information requested by the Regional Administrator and deemed necessary for evaluating state program admi.nistration and enforcement. Review ofdepartment files maybe scheduled at quarterly intervals. Programreviewmeetings between the Director and the Regional Administrator or their assignees will be scheduled at reasonable intervals not less than annually to review specific operating procedures and schedules, to resolve problems, and to discuss mutual program concerns. These meetings must be scheduled at least thirty (30) days in advance of the meeting, with a final agenda prepared by EPAand submitted to the Director for comments, at least oneweekbefore the meeting date, unless otherwise agreed upon. E. Enforcement 1. Identificationof**~~jor** Hazardous Waste Management Facilities and Generators --_._------ The Director agrees to develop with EPAa criteria for listing of major hazardous waste facilities and selected generators and transporters located within the state. This criteria is a part of the program description. EPAor the statemay, based on the criteria, add or delete facilities, generators or transporters to the list (the list to be prepared by the 3rd Quarter of FY 83) and shall notify the other party inwriting. However, the deletion of any major facility from the list must be agreed to inwriting by both parties. This list will be reviewed and updated at least annually by both the state and EPA as part of the State WorkProgram process. This review and update does not require a formal amendment to this agreement. Since the final listing of "major" facilities based on state criteria has not been currently agreed upon the current EPA's list of "major" facilities will apply until such time as the state criteria and list of "major" facilities is finally agreed upon.

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2. ComplianceMonitoring The state agrees to operate a timely and effective compliance**mon~tor** ing program to assess compliance with facility standards, and generator and transporter requirements consistentwith established priorities. The state will monitor, evaluate, and take appropriate action for violations of all reporting requirements by dangerous waste generators, transporters, and facilities consistentwith established priorities. This shall include a timely substantive review of such reports to determine the compliance status of persons filing the reports. The state agrees to retain all records for at least three years unless there is an enforcement action pending. In that case all records will be retained until such action is resolved. The state agrees to carry out a program for monitoring the compliance by generators, transporters, and facilities with applicable program requirements consistentwith established priorities. Compliance inspections will bedone to determinewhether a generator, transporter or facility is meeting manifest requirements, generator and transporter requirements, and facility standards for recordkeeping, operation and maintenance, self-monitoring, reporting, and other activities as defined in the annual StateWorkProgram. EPA, after contacting the state, may conduct compliance inspections of hazardous waste generators, transporters, and facilities. EPAwill not ordinarily conduct such inspections of nonmajor hazardous waste generators, transporters, and facilities; however, nothing in this Agreement shall be construed to restrict EPA's right to inspect any facility, generator, or transporter that itbelieves.is not in compliancewith Program**requirements~** Before conducting an inspection of a generator, transporter or facility, the Regj"QnaLAdministrator--wil1-normal-l-y-g-ive-t-he-Dil:-ec-Eo-r-f-ou-r-t;een--.:--------- (14) days notice of the intent to inspect in accordance with 40 CFR 123.126. If the Director performs a state compliance inspectionwithin seven (7) days and submits a report and data relevant thereto within an additional se"on (7) days, no EPA inspectionwill be made, unless the Regional Administrator deems the state report to be inadequate. In case of an imminent hazard to**hU~3n** health and the environment, the Regional Administrator may shorten or waive the notice period, but instead, will give notice to the Department by phone. Joint State! EPA inspections ,,,ill normally be made on cases involving imminent hazard. 

### 3. Enforcement Action The state agrees to take timely and appropriate enforcement action against persons inviolation of generator and transporter standards (including manifest requirements), facility standards, permit require-- ments, compliance schedules, and all other program requirements consistent with established priorities. This includes violations detected by state or Federal compliance evaluation inspections. In instances where EPA determines that the state has not initiated timely and appropriate enforcement action against a violator, EPA shall proceed with any or all of the enforcement options available under RCRA or any



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other applicable statute. The state will be keptvfu.Lky informed of all further actions to be taken. Before initiating enforcement action EPAwill provide notice required by section 3008 (a)(2) and in additionwill confer or meet with the state to discuss the situation before initiating the action, except in instances representing :imminent hazard. The state agrees to take the enforcement lead with appropriate enforcement action against persons in violation of any state dangerous waste regulatIons, including but not limited to violations detected by state or Federal inspections. The state will maintain procedures for receiving and ensuring proper considerationof informati.on about violations submitted by the puhLd.c• Appropriate state enforcement responsemay include, but is not limited to, warning letters for any violation followed by timely initiation and prosecution of enforcement proceedings whichmaybe, as determined on a case-by-casebasis, administrative orjudicial in nature, or other administrative remedies as prescribed by state laws. F. Specific State Program ImplementationAgreements 1. Interstate Shipments Under provisions of WAC 173-303-141, the State agrees to require generators located inWashington shipping dangerous waste to another state to designate as receiving facilities only those facili.ties which are approved in that stateunder an authorized state program or by EPA (in unauthorized states). The State also agrees that upon receipt of a manifest exceptionreport from a generator located inWashington, the Statewill inform EPA or the appropriate stateagency (in authorized states) where the designated facility is located.**-----2.-Liabi-l-iot-y-Insurance-Requirements-for--Perm~ttea-'** FacilTt-ies Inapplying the provisions of WAC 173-303-620(8), the Statewill require sudden arid'non-sudden insurance:coverage identical to the requirements promulgated by EPA at 40 CFR 264.147 issued onApril 16, 1982. 3. Public Notice Procedures

- Permittin& For major and non-major 

### RCRA permitting under the authorized program, the state agrees to provideboth newspaper a.nd radio broadcast notices to,the public as specified inWAC 173-303-840(3)(d)(ii) and (iii).**a:he:;A~p. ~~~en..** **t::~-p.._** 

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### AGENCY

By:



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Date:

## ---------,.------- U.S.**ENVIRO~~ENTAL** 

### PROTECTIONAGENCY,**REGIO~** 

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