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# e COOPERATIVE ARRANGEMENT ADDENDUMTO THE MEMORANDUMOFAGREEMENTBETWEEN THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION X AND THE STATE OF OREGON
Relating to the cooperative administrationofthe laws enacted by the United States ofAmericaunder Subtitle Cofthe Resource Conservation and Recovery Act of 1976, as amended (Pub. L. 94-580, 42 USC 6901 et seg.) (hereafter "RCRA" or "the Act") and the laws ofthe State ofOregonto protecthealth and the environment by permitting hazardous waste storage, treatment, and disposal facilities.
I. Preamble
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### TheRegional Administrator, U.S. Environmental ProtectionAgency, RegionI, (hereafter "EPA" or "Regional Administrator") and the Director ofthe Department ofEnvironmental Quality (DEQ), designated as**~he** 

### lead agency for the State, (hereafter "Director" or "the State") enter into this Cooperative Arrangement (hereafter "Arrangement"). The purpose ofthis Arrangement is to implement as effectively as possible EPA's responsibility under RCRA through the cooperative efforts ofEPA and the State. This Arrangementwill assure efficient allocation ofpublic funds, will minimize

.duplication ofeffort, and will avoid confusion ofthe regulated community.

II. Authority and Responsibility EPA has the authority to enter into this Cooperative Arrangement pursuant to Section 3011 ofRCRA.for the purpose offunding elements ofthe hazardous waste management'program under RCRA. Because the State**~eceived** 

### Interim Authorization for Phase I but has not yet received Interim Authorization for Phase II Components A, Band C, this Arrangement is entered into between EPA and the State. The Cooperative Arrangement is composedofthis addendum to the MOA and the Cooperative Arrangement negotiated between EPA and the State pursuant to Section 3011 ofRCRA. It is 

### understood that EPA retains full and ultimate responsibility for the administration and enforcement ofthe Phase II.Components A, BandC Federal hazardous waste management program in Oregonand that nothing in this Arrangement shall be construed to limit EPA's authority under RCRA. It.is understood that the Oregonhazardous waste management program operates inlieu ofthe Phase I Federal hazardous waste management program as set forth in the body ofthe Memorandum ofAgreement. It is further understood that the State's participation in this Arrangement is 

### intended to maximize the expeditious and efficient implementation ofRCRA and to speedthe State's receipt ofFinal Authorization. TheDirector shall administer those portions ofthe Federal hazardous waste management program identified in 

### this Arrangement consistent with the provisions ofother agreements, RCRA, current Federal policies and regulations, and any separate working agreements which shall be entered into with the Regional Administrator as necessary or desirable for the full administration and enforcement of the Federal program.

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• III. EPA Overview of state Activities EPA shall oversee and evaluate the State's performance offunctions described inthis Arrangement on a continuingbasis to assure that such performance is consistentwith this Arrangement and all applicable requirements embodied in current Federal policies, regulation, and laws. TheRegional Administrator mayrequest and the Director shall submit information and provide access to all files necessary for oversight and evaluation ofthe State's performance offunctions described in this Arrangement. If, inthe judgment ofRegional Administrator, any performance offunctions is inconsistentwith this Arrangement, or current Federal policies, regulations, or laws, he/she shall notify the State and maytake any actions specified in40 CFR Part 35.712. 

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..·State Notification of.Program Changes As soon as the Director has information concerning any substantial proposed or actual change ofany pertinent statute, regulation, directive, significant judicial decision or form, any of-which the Director has submitted to the Regional Administrator or agreed to makeuse ofin connectionwith this Arrangement, the Director shall notify the Regional Administrator and transmit the text ofany such change to the Regional Administrator. Within 30 days the Regional Administrator shall determine whether the proposed change would restrict the authority ofthe State to perform inaccordance with this Arrangement. Such change may be cause for termination, according to 40 CFR 30.920,·et seq., ofthe Cooperative Agreement negotiated pursuant to this Arrangement.



## v. Permit Issuance and Compliance Inspections Editorial Note; For purposes ofthis cooperative arrangement, the terms "DEQ license" and "EPA permit" shall be considered synonymous and will be referred to simply as "permit." A. State Permit Issuance Procedures State desires to issue these required permits expeditiously. Upon receipt ofa complete Part Bpermit application from EPA, State will prepare draft permit conditions, seek timely (20-day) EPA review and comment, publish public notice and issue permits. For newand/or complex sources, EPA may request additional review time. Until such time as Oregon receives Phase II or Final Authorization, when only State standards and rules will apply, State will issue permits in conformance with any applicable 40 CFR264, 265, 122 and 124 standards. 

### B. Joint EPA/State Permit Issuance Procedures EPA and State agree that joint permit issuance will minimize confusion and avoid duplication for Oregon's regulated community. To facilitate joint permit issuance,

# • EPA agrees to: 1. Appoint team leader for each permit 2. SeekPart B permit applications 

### 3. Maintain administrative record 

### 4. Issue public notice 

### 5. Hold public hearing 

### 6. Propose use ofPermit Assistance Team 

### 7. Issue Permit State**-~grees** to: .' 1. Appoint permit coordinator 2. Draft permit conditions 

### 3. Draft fact sheet or statement ofbasis 4. Assist with public hearing 

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6. Recommend issuance/denial ofpermit to Regional Administrator and Director Issue permit Draft permits will be written to satisfy applicable State and Federal laws and rules. Said permits will be jointly issued so that permit can remain in effect at such time that Oregon achieves Phase II or Final Authorization. 

## c. EPA Permit Issuance Procedures Because of the public health and environmental protection afforded by facilities operating in compliance with State permits, such facilities will ingeneral be considered low priority for the issuance ofjoint or separate federal permits. However, until Oregon receives Phase II or Final Authorization, EPA reserves the right to issue joint or separate permits if necessary to ensure that EPA's responsibilities under ReRA to protect health and the environment are carried out. 

### D. Permit Inspections State will assume lead agency role for conducting compliance assurance inspections ofmanagement facilities receiving a joint permit subject to EPA oversight previously identified in the Phase I Memorandum ofAgreement.

# • VI. Effectiye Date Unless otherwise stipulated,**~pis** 

### Arrangement and any subsequent modifications will take effect immediately upon being signed by the Director and the Regional Administrator.

. VII. Amendments This Arrangement may be amendedormodified by mutual written agreement signed by both the Director and the Regional Administrator.
VIII. Termination This Arrangementwill**~erminatewhen_the** 

### State receives Interim or Fi.nal Autnorization for Phase II·Components·A, B·and·C·acciording-to the provisions of40 CFR 123, or on the date onwhich all Interim Autnorizations end, whichever is earlier. Itmay also terminate at any time in accordance with 40 CFR 30.920, et seq •

Protection 

# • Department ofEnvironmental Quality

Date 10/5/82



### ZC6113.A

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