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MEMORANDUM OF AGREEMENT

OUTI..INE

L GENERAL

II, RESPONSIBILITIES

A. Policy Statement

B. Information Sharing

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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 Program Review

E. Enforcement

1. Identification of "Hajor" Hazardous Waste Management

Facilities

2. Compliance Monitoring

3. Enforcement Actions

F. Specific State Program Implementation Agreements

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MEMORA1'IDUM OF AGREEMENT

BE1\olEEN

THE STATE OF WASHINGTON

AND

THE UNITED STATES E~~IRONMENTAL PROTECTION AGENCY

REGION X FOR INTERIM AUTHORIZATION

PHASE I AND PHASE II, CO}~ONENTS A AND B

I. GENERAL

This Memorandum of Agreement (hereaf ter "Agr eemen t ") establishes policies,

responsibilities, and prqcedures pursuant to 40 CFR 123.126 for operation

of the State of Washington's Hazardous Waste Management Program (hereafter

"State Program") authorized under Section 3006 (C) of the Resource Conservation and Recovery Act (hereafter ltRCRAlt or "the Ace' 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 the manner in which the state will coordinate t~ith EPA in administering

State Program.

This agreement is entered into by the Director of the Washington State Department of Ecology (hereafter "Df.r ec cor " or tithe State"), the lead agency for the

state program (as designated by the state pursuant to 40 CFR l23.l24(b» and

the Regional Administrator, EPA, Region X (hereafter "RegLona L Administrator"

or" ltEPAtI ) .

Nothing in this Agreement restricts EPA's authority to fulfill its oversight

and enforcement responsibilities under RCRA.

---------Tlie parties will review this Agreement -jointlyatleast onc~ayearduring

preparation of the annual State Grant v70rk Program (hereafter ,"State Work

Program"), in connection with grant funding under section 3011 of RCRA.

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

to ensure consistency with state program modification 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.thd raws from authorization

or until 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 authorization will require the execution of a new Memorandum of'Agreement.

Unless otherwise stipulated, this Agreement, and any subsequent modifications

made, will take effect immediately upon being signed by the Director and

the Regional Administrator.

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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

Administrator agree 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, Washington will have responsibility for coordination of the program with other

authorized states and with EPA in states without authorization. The

sta te expects to have minimum resources for implementing this program and

will prioritize activities through the annual state work plan and accomplish

them in order of priority.

EPA will 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 provide copies of all Notification Forms (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_wil LraLso.cp.rov.Lde,-within-thi.t;ty--(-3O}-d-ya-s-of-t"-ec-eipt:=--,-cop-ies

of the Notification Forms (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 A and Part B hazardous waste management 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.

EPA will also provide, within thirty (30) days of receipt, copies

of Part A and Part B permit applications submitted directly to

EPA after the effective date of this Agreement.

EPA will keep the department informed of all proposed or adopted

Federal regulations as promulgated in the Federal Register adopted

pursuant to RCRA or required of another Federal agency to implement the full scope of the State approved hazardous waste management program.

EPA agrees 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.

EPA will 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.

EPA will 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 which would 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:

Make available within 30 days of compliance inspections n

completed inspection report including any compliance letters

and schedules.

Semi-annual progress report summar1z1ng the State's efforts

in meeting 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. EPA will inform the State of the facility inspections

in which EPA will participate (approximately 5% annually). The

State will provide EPA with 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 Dun and 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 state will then inform the requestor

of the new identification number. Both EPA and the state will work as

rapidly as possible to provide identification numbers to new notifiers.

The sta t e agr eas to submit to the Regional Administrator the following

permit information as frequently as noted below for "major hazardous

waste facilities."

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ITEM DESCRIPTION

a. A copy 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 of draft permitsr proposed permit modifications,

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

Upon receipt of any information that the handling, storage, treatment, transportation, or disposal of hazardous waste is endangering human health or the environment, the party in receipt of such

information shall immediately notify by telephone the other party(ies)

to this Agreement of the existence of such situation. Each party

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__of_emergency_, _ --------- --~---------EPAidentification number, nature of emergency, action being taken

by notifier, and action requested 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.

Any informa tion obtained or used in the administration of the state

program shall be available to EPA without r.estriction. If information has been submitted to the state under a claim of confidentiality, the state must inform EPA of such claim. EPA will treat all

information submitted to it with a claim of confidentiality in

accordance with the procedures of 40 CFR Part 2.

C. Permit Issuance

1. EPA

Upon approval of the State program, EPA will suspend issuance of

Federal permits for activities subject to Components A and B of

Phase II (unless legally unable to do so) where permitting has

been a joint State/Federal process. For facilities which received

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a Federal RCRA permit prior to the date of authorization, EPA will

seek permittees' agreement to terminate the Federal permit where

a State issued permit was developed jointly with EPA and contains

at a minimum, identical conditions as the Federal permit. In these

instances, the jointly issued/identical State permit will be considered a RCRA permit.

EPA may comment in writing on draft permits or proposed permit modifications for major facilities (whether or not EPA commented on the

permit application) during the public comment period which will

consist of 45 days from when the announcement is given by public

notice. Where EPA indicates that issuance, modification or reissuance of a major permit would be inconsistent with the approved

program, EPA will follow 40 CFR 123.134 in providing comments.

These comments will be in writing 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, EPA will provide technical assistance

for permit issuance. This assistance could be in the form of using

the "permit assistance team."

State

Upon approval of the state program, the state will continue the permit issuance activity initiated jointly with EPA prior to authorization for facilities subject to Phase II Components A and B

unless the state and'EPA agree to terminate the process on a caseby-case basis. ~9JL«~Q~i~~~~~e,~~~~~~n.EaDd~

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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 A and B in a

manner consistent with RCRA, the Memorandum of Agreement, and all

applicable Federal requirements.

The state agrees to consider all comments EPA makes on major permit

applications and draft major permits before or during the 45 day

public comment period. The state will consider EPA's concerns on

a particular major permit application, proposed major permit

application, or draft major permit and, if appropriate, will respond

in writing 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 in permits

will require compliance with the Dangerous Waste Regulations.

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D. State Program Review

The Regional Administrator will assess the Director's administration and

enforcement of the state program on 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 EPA review of the information submitted by the Director in

accordance with this Agreement and the State Work Plan. 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 of department files may be scheduled at quarterly intervals.

Program review meetings 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 EPA and submitted to the Director for

comments, at least one week before the meeting date, unless otherwise

agreed upon.

E. Enforcement

1. Identification of ~~jor Hazardous Waste Management Facilities and

Generators --_._------

The Director agrees to develop with EPA a 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. EPA or the state may, 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 in writing. However, the deletion of any

major facility from the list must be agreed to in writing by both

parties. This list will be reviewed and updated at least annually

by both the state and EPA as part of the State Work Program 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. Compliance Monitoring

The state agrees to operate a timely and effective compliance mon~toring program to assess compliance with facility standards, and generator

and transporter requirements consistent with established priorities.

The state will monitor, evaluate, and take appropriate action for

violations of all reporting requirements by dangerous waste generators,

transporters, and facilities consistent with 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 consistent with established priorities. Compliance

inspections will be done to determine whether 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 State Work Program.

EPA, after contacting the state, may conduct compliance inspections of

hazardous waste generators, transporters, and facilities. EPA will

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 it believes. is not in compliance with 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 inspection within seven (7) days and submits a report and data relevant thereto within an additional se"on (7) days, no EPA inspection will 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 in violation 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 kep tvfu.Lky informed of

all further actions to be taken. Before initiating enforcement action

EPA will provide notice required by section 3008 (a)(2) and in

addition will 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

r egula t Ions, including but not limited to violations detected by

state or Federal inspections. The state will maintain procedures for

receiving and ensuring proper consideration of informati.on about

violations submitted by the puhLd.c •

Appropriate state enforcement response may include, but is not limited

to, warning letters for any violation followed by timely initiation

and prosecution of enforcement proceedings which may be, as determined

on a case-by-case basis, administrative or judicial in nature, or

other administrative remedies as prescribed by state laws.

F. Specific State Program Implementation Agreements

1. Interstate Shipments

Under provisions of WAC 173-303-141, the State agrees to require

generators located in Washington shipping dangerous waste to another

state to designate as receiving facilities only those facili.ties which

are approved in that state under an authorized state program or by

EPA (in unauthorized states). The State also agrees that upon receipt

of a manifest exception report from a generator located in Washington,

the State will inform EPA or the appropriate state agency (in authorized states) where the designated facility is located.

-----2.-Liabi-l-iot-y-Insurance-Requirements-for--Perm~ttea-' FacilTt-ies

In applying the provisions of WAC 173-303-620(8), the State will

require sudden arid 'non-sudden insurance :coverage identical to the

requirements promulgated by EPA at 40 CFR 264.147 issued on April 16,

1982.

3. Public Notice Procedures - Permittin&

For major and non-major RCRA permitting under the authorized program,

the state agrees to provide both newspaper a.nd radio broadcast notices

to ,the public as specified in WAC 173-303-840(3) (d)(ii) and (iii).

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STATE AGENCY

By:---------------

Date:

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U.S. ENVIRO~~ENTAL PROTECTION AGENCY,

REGIO~ X

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