·'.' 

Novembe~ 26, 1985 

112015/85 

State/EPA 

Memorandum of Agreement 

Outline for Final Authorization 

I. General 

II. Responsibilities of Parties ~- nc.~i (C':'.\f\\ 

A. Policy Statement : 

B. Provision for Transfer of InformatiorL\ \~ '--" ._ ~J

1. EPA Program Information. Transfer JO~_3L¢;? . ", ~:" : .., ...; . ::: . 

2 State Program Information. Transfet '.... 

3. Emergency Situat~ons and Information Transfer 

4 . . Confidentiality 

C. Frequency an~ Content of Reports 

1. Monthly 

2. Biennial 

3. Other 

D. Conditions for State Program Reviews 

1. General 

2. Approach 

E. Permit Issuance 

1. EPA Permitting 

2. Stat~ Permitting 

3. EPA Overview of State Permit Actions 

F. Provisions ·for Compliance Monitoring and Enforcement 

1. State 

2. EPA 

3. Site Visits 

4. Enforcement Agreement 

G. State Delisting Action 

H. Provisions for Modification of the MOA 
MEMORANDUM OF AGREEMENT
 

BETWEEN
 

THE STATE OF WASHINGTON
 

AND 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION X FOR FINAL DANGEROUS WASTE PROGRAM AUTHORIZATION 

November 26, 1985 

I. GENERAL 

This Memorandum of Agreement (hereafter "Agreement") establishes 

policies, responsibilities, and procedures pursuant to 40 CFR 271.8 

for operation of the State of Washington's Dangerous Waste Management Program (hereafter "State Program") authorized under Section 

3006 of the Resource Conservation and Recovery Act (hereafter 

"RCRA" or "the Act") of 1976 (Pub. Law 94-580, 42 USC 6901, et ~.)

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 with EPA in 

administering the State Program. 

This agreement is entered _into by the Director of the Washington 

State Department of Ecology (hereafter "Director" or "the State"), 

the lead agency for the state program (as designated by the state 

pursuant to 40 CFR 271.6(b) and the Regional Administrator, EPA, 

e-
 Region X (hereafter "Regional Administrator" or "EPA").
 

Nothing in this Agreement restricts EPA's d1ithority to fulfill its 

oversight and enforcement -responsibilities !lr1der RCRA. Nothing in 

this agreement shall be construed to contrav~ne 40 CFR Part 271. 

The parties will review this Agreement jointly at least once a year 

during preparation of the annual State Grant Work Program (hereafter 

"State Work Program"), in conjunction with grant funding under section 3011 of RCRA. 

Until the state's program is amended to (reflect the federal 

requirements in, or stemming from, the Hazardous and Splid Waste 

Amendments of 1984 (HSWA), and such program amendments receive 

interim or final authorization, EPA shall have the authority in the 

state to carry out the provisions required by the HSWA. 

This Agreement will remain in effect until th~ State withdraws from 

authorization or until such time as state program authorization is 

withdrawn by EPA, according to the -provisions of 40 CFR 271.22 or 

reverts to EPA according to the provisions of 40 CFR 271.23. 

This Agreement will take effe~t at the time the state's authorization 

takes effect, which shall be 14 days after the- date of publication 

• 

in the Federal Register of EPA's decision to grant authorization to 

the state . 

-111-1
 
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 hazardous waste program within its boundaries. 

EPA's primary responsibility under this agreement is the 

oversight of the fully authorized state program. The purpose 

of oversight is to ensure that progress on environmental 

objectives is being made and environmental laws are being 

implemented in a consistent manner. EPA retains its responsibility to ensure full and faithful execution of the requirements of RCRA including direct implementation in the event the 

state is unable to act. Under final authorization, Washington 

will have responsibility for coordination of the program with 

other authorized states and with EPA in states without authorization. The state expects to have minimum resources for implementing this program and will prioritize activities and accom­

•
 

plish them in order of priority.
 

EPA assumes an oversight role upon granting final authorization 

to the state. EPA agrees to conduct i. ts ove rs ight of the 

state program in a manner consistent with the following 

principles outlined in the official Region X Oversight 

Policy: 

Focus on Overall Performance EPA will be concerned with the 

overall performance and environmental· results achieved by 

state programs. The oversight process will focus on 

individual procedures or actions only as indicators of overall 

program performance, or where actions involve significant 

national issues. 

Respect State Technical Judgments EPA will respect the 

judgments of state technical staff, unless statutory 

requirements call for direct EPA invo lvement in project 

decisions or the technical issue has significant policy 

implications. 

Use Specific Performance Criteria EPA will specify the 

criteria after consultation with the states that will be used 

to assess state program performance and include these annually 

in the SEA or negotiated work plans as appropriate. The 

criteria will address major program outputs and legally 

• 

required procedures. Useful oversight can occur only if 

states and EPA understand in advance about specific standards 

of performance to be met and how success in meeting them 

should be measured. 

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Tailor Amount of Oversight. The level and amount of oversight 

will be geared to the maturity and performance of the state 

program. A program which has been completely delegated for 

more than a year and demonstrates consistently strong 

performance levels, requires less oversight. Specifically, 

there should be less need for real time reviews. Conversely, 

poor performance should result in increased oversight by EPA. 

A new delega tion should include a specified transition 

period. In general, the agency's oversight should reflect 

changing state needs and program priorities. 

Emphasis on Strong, Informal EPA/State Relationships. EPA 

Region X has a unique ability, because of its Operations 

Offices, to rely on informal working relationships as an 

oversight mechanism. The use of formal written reports will 

be kept to the minimum necessary for the timely assessment and 

resolution of environmental problems and progress. The states 

will also be encouraged to participate in the oversight· of 

their own programs through joint audits and to evaluate EPA's 

performance in providing assistance and meeting commitments. 

EPA will Retain Responsibility. EPA is responsible under 

statute for ensuring the consistent application and 

enforcement of national standards. If direct EPA action is 

necessary to ensure that environmental laws are carried out, 

'such action will be taken, with appropriate consultation with 

the state. e·· 

Oversight will be accomplished by EPA through written 

reporting requirements, permit overview, compliance and 

enforcement overview, and joint review with the state of its 

program. 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 

technical guidance to the state. EPA will share with the 

state any national reports developed by EPA from the data 

submitted through state reporting requirements. 

B. Provisions for Transfer of Information 

1. EPA Program Information Transfer 

EPA agrees to provide copies of state "notification of 

dangerous waste activities" form 2 (ECY 030-5), in lieu of 

EPA Form (8700-12) to generators, transporters, and TSD 

facilities who request assistance with obtaining an EPA/ 

State ID number. 

EPA will also provide, within ten (10) working days of 

receipt, originals of EPA Notification Forms (8700-12) or 

State Notification Forms (ECY 030-5), including EPA identification number, submitted by persons located in the state 

111-3 
•
 

after the date of this agreement. EPA further agrees to 

inform each requestor, by mail, of the new ID number 

assigned within thirty (30) days of receipt. 

EPA agrees to transfer to the Director or his designee any 

remaining originals of. Part A and Part B hazardous waste 

management facility permit applications, including that 

information pertaining to land disposal facilities submitted to EPA under 40 CFR 270.10 by facilities located in 

the state before the date of this Agreement, together with 

all pertinent file information (which includes narratives, 

plans, maps, etc.) draft permits, public notices, administrative notices, fact sheets, and correspondence. Permit 

applications and file information, not already transferred 

to the state, will be provided to the Director or his 

designee within no more than thirty (30) days of the date 

of final authorization. 

EPA will also provide, within five (5) working days of 

receipt, originals of Part A and Part B permit applications 

or revisions submitted directly to EPA after the date of 

final authorization. 

EPA will keep the department informed of all proposed or 

adopted Federal regulations as promulgated in the Federal 

Register adopted .pursuant to ReRA or. required of another 

Federal agency to implement the full scope of the State 

approved dangerous waste management program. 

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 py EPA, EPA contractor, or other 

Federal agency related to the development or operation of 

a State approved hazardous waste management program. 

EPA agrees to make available to the state copies of any 

reports and data resulting from compliance inspections 

within sixty (60) days of completion of the inspection. 

Except for criminal referrals and court specified 

materials, EPA agrees to provide enforcement sensitive 

information to the state. Enforcement sensitive 

information may include information, written or 

otherwise, that concerns potential or pending enforcement 

action. When a formal enforcement action is taken any 

document publicly filed and correspondence with the 

respondent is no longer considered enforcement 

sensitive. EPA shall clearly indicate in writing which 

documents or other types of information provided to the 

state are enforcement sensitive at the time they are 

provided. EPA shall also notify the state in writing 

when any document is no longer considered enforcement 

sensitive. 

111-4 
EPA agrees to provide the state, upon request, any data 

or information necessary for the development and 

maintenance of the state's automated data processing 

fi~es and compliance monitoring and permit tracking '. system. 

2. State Program Information Transfer 

The state agrees to require new generators, transporters, 

and hazardous waste management facilities to obtain identification numbers consistent with the Dunn 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 participate 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 and revised notifications of 

dangerous waste activities and send a copy to EPA for an 

identification number assignment. EPA will inform each 

requestor, by mail, of the new ID number within thirty 

• 

(30) days of receipt. The state will also 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 state will 

also submit any updates or changes in previously submitted 

notification and Part A permit a~'!lication information. 

This information will be provided to the Regional Administrator within twenty (20) working days of receipt. 

The state agrees to inform the Regional Administrator of 

any proposed or adopted program changes which would affect 

the state's ability to implement the authorized program. 

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 or memoranda of agreement or understanding 

with other agencies, and modifications of resource levels 

(i.e., available or budgeted personnel and funds within the 

framework of the SEA). The state recognizes that program 

revisions must be made in accordance with the provisions 

of 40 CFR 271~21.

As a law enforcement agency the state agrees to treat 

enforcement sensitive information received and so marked 

by EPA in accordance with· the state's Public Disclosure 

Act, ch. 42.17 RCW, which provides for· exceptions .of 

information for public disclosure. 

The state will provide compliance monitoring and enforce­

• 

ment information to the Regional Administrator on a routine 

basis as specified in the state work program and the 

reporting section of this agreement. 

111-5
 
As specified in the State Work Program, and the reporting 

section of this agreement the state will provide the 

Regional Administrator with information indicating the 

status of the' state's facility permitting activities. 

Where the state program involves the granting of variances 

or waivers, les~ stringent requirements than comparable 

federal requirements or variances will not be imposed. The 

state agrees to provide EPA with a copy of each state RCRA 

variance or waiver at the time it is granted. 

Any request for a variance or waiver concerning a RCRA 

regulated waste will be sent to the Region X EPA office 

in Seattle for written comment before issuance. The 

department will respond in writing to any comments or 

concerns raised in the EPA review. All written responses 

shall be provided to EPA before a variance or waiver is 

issued. 

For the purposes of permit overview the state will provide 

EPA with the following information on the treatment, storage, 

and disposal facilities as identified and agreed to in the 

annual program plan. 

ITEM DESCRIPTION FREQUENCY OF SUBMISSION ." Copies of facility permit 

applications and closure 

plans for review. 

Copies of draft permits, 

proposed permit modification 

fact sheets 

Copies of final permit 

or p~rmit modifications 

Copies of closure plan 

approval public notices 

and permit determination 

public notices 

Within 15 working days 

of receipt 

Within 10 working 

days of completion 

within 10 working 

days of completion 

within 5 working days 

of public notice 

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 

111-6
 
•	 existence of such situation. A list of appropriate 

contacts will be maintained and updated as a part of the 

annual program plan. 

Confidentiality 

a.	 Any information obtained or used in the administration 

of the state program shall be available to EPA upon 

request without restriction. If the information has 

been submitted to the stat~ under a claim of confidentiality, the state must submit that claim to EPA 

when providing information. Any information obtained 

from a state and subject to a claim of confidentiality 

will be treated in accordance with the regulations in 

40 CFR Part 2. 

b.	 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. Subject to the conditions of 40 CFR Part 2, 

EPA will furnish the state information submitted to 

EPA under a claim of confidentiality which the state 

needs to implement its program. All confidential 

information EPA agrees to transfer" to the state will 

be transferred in accordance with the requirements of 

40 CFR Part 2. 

e"	 C. Frequency and Content of Reports 

The state agrees to submit to Region X, EPA the following 

documents, reports, and other informati\)n: 

1.	 Monthly (on the 15th of the month for the month previous) 

compliance monitoring and enforcement report and permit 

status reports. 

2.	 Biennial report summar1z1ng the quantities and types of 

hazardous waste generated, transported, treated, stored, 

and disposed in the state as specified in the RCRA guidance, 

by October 1 of each even-numbered year. 

3.	 Additional reports as negotiated in the State Work 

Program, and updated facility status information as 

necessary. 

D.	 Conditions for State Program Review 

1.	 The Regional Administrator will assess the Director's 

administration and enforcement of the state program on a 

continuing basis for equivalence and consistency with RCRA, 

•
 

with this Agreement, and with all applicable Federal require­


ments. This program evaluation will generally be accom­


plishe~ by an EPA review of the information submitted by
 

111-7
 
/". '. 

•	 the Director in accordance with this Agreement and the 

State Work Plan, permit overview, compliance and enforcement	 overview, and review of state program activities. 

The Regional Administrator may also consider, as part of 

this regular assessment, wri tten 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. 

2.	 The following approach to state program review will be 

followed by EPA and the state. All significant concerns 

raised during EPA review of the information submitted by 

the state in accordance with this agreement and the work 

plan will be submitted in writing to the State Hazardous 

Waste Program Assistant Director. All EPA concerns 

raised as a result of permit overview, compliance and 

enforcement overview, and review of state program 

activities will be submitted by EPA to the State 

. Hazardous Waste Program Assistant Director. 

The review of state program activities shall be conducted 

as a	 joint review by EPA and the State Hazardous Waste 

Program. Joint reviews, including any associated audits 

of the state regional office operations, shall be 

scheduled with written notice at least thirty (30) days e· prior to the audit. Reviews shall be no more frequent 

than quarterly and shall become.less frequent as the state 

program matures and good performance is demonstrated consistently. The scheduling should tnclude a jointly agreed 

to state/EPA format and content of the review which reflects 

goals and commitments outlined in the National Program 

Criteria and the annual state program plan commensurate 

with grant resources available to the state for meeting 

performance criteria. 

EPA will provide written notice to the state at least 

fifteen (15) days prior to conducting any other review of 

state files. Under emergency situations the~i5-day notice 

may be waived, however, prior notice is still required. 

To ensure effective program review, the director agrees 

to allow EPA access to all RCRA files and other RCRA 

information requested by the Regional Administrator and 

deemed necessary for evaluating state program administration	 and enforcement. During the first year of final 

authorization EPA may conduct ReRA file reviews at 

quarterly intervals. In the spirit of EPA's oversight 

policy these reviews will generally be reduced to annual 

• 

or in some cases semi-annual frequency after adequate' 

performance levels have been demonstrated . 

111-8
 
.....:r:....,. 

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 

comment at least one week before the meeting date, unless 

otherwise.agreed upon. 

E. Permit Issuance 

1. EPA Permitting 

Upon approval of the state program (fin~l authorization), 

EPA will suspend issuance of federal permits for 

hazardous waste treatment~ storage, and disp.osal 

facilities in the state. 

EPA intends to add permitting standards for processes not 

currently covered by the Part 264 standards. For 

example, the Part 264 standards do not currently cover 

treatment and storage of hazardous substances in certain 

types of underground tanks When EPA does promulgate 

standards for additional processes, EPA will process and 

enforce ReRA permits in the state in the· new areas until e·	 the state receives final authorization of equivalent and 

consistent state standards. Every attempt will be mad~

to coordinate with the state in processing these 

permits. At the time the state program is approved in 

the new areas, EPA will suspend issuance of federal 

permits for the new requirements in the state. EPA will 

also transfer any pending permit applications, completed 

permits or pertinent file information to the state within 

thirty (30) days of the approval of the state program in 

conformance with the conditions of this agreement. 

Pursuant to RCRA Section 3006(g)(1) and in ac~ordance with 

the HSWA, EPA has the authority to issue or deny permits 

(or those portions of permits), to facilities in Washington for the requirements and prohibitions in HSWA, or in 

regulations adopted by EPA under the authority of HSWA, 

until the state's program is amended to reflect those 

requirements and prohibitions, and authorization is 

received for those portions of the program. To the extent 

allowed by state authority, regulations and resources, 

such permits (or portions of permits), will be jointly 

issued by EPA and Ecology. 

•	 

In accordance with Section 3006(c) (3) of RCRA, Ecology 

will participate in the administration of the requirements 

which take effect pursuant	 to HSWA, as state resources 

111-9
 
.'
 

allow. Ecology's activities to administer HSWA requirements will be established on a facility-specific basis 

through facility management plans and referenced in the 

annual work program. Facility management plans, along 

with any associated agreements, will be reviewed and 

revised as often as necessary. 

Completion of permit actions in progress and disposition 

of EPA issued permits will generally be in accordance 

with EPA Program Implementation Guidance (PIG) 82-5. It 

is expected that at the time of final authorization only 

Condition 5 in PIG 82-5 will apply to Washington. Any 

permit actions taken up to the time of final 

authorization will be joint actions by the state and 

EPA. 

2. State Permitting 

The state agrees to carry out permitting procedures co~­

sistent and equivalent to those at 40 CFR Parts 270 and 124. 

Upon final authorization the state will continue timely 

permit issuance activity initiated prior to finai 

authorization, including- completion of permit issuance 

activity initiated jointly with EPA. 

The state is responsible for exreditiously drafting, 

circulating for public review and comment, issuing, 

modifying, reissuing, and terminating RCRA permits for 

all hazardous waste TSO facilities in the state, and 

shall do so in a manner consistent with RCRA, this 

Memorandum of Agreement, all applicable federal 

requirements, and with the state's program description. 

Annual commitments for the call in and issuance of 

permits will be reflected in the approved annual program 

plan. 

The state agrees to consider all timely comments EPA 

makes on TSO facilities as identified in the approved 

State Work Program regarding draft TSO facility permits 

·and major permit modifications during the required 45-day 

public comment period. The state will satisfy or refute 

the concern in writing before issuing the permit or 

making the modification. 

The state agrees to issu~, modify, and reissue permits in 

accordance with all applicable state permitting 

regulations and. applicable statutes, and to include as 

permit conditions all applicable provisions of WAC 

173-303. This agreement also .applies to permits issued 

after final authorization but for which the processing 

• 

may have begun before final authorization . 

111-10
 
The state agrees that any compliance schedules contained 

in permits will require compliance with the dangerous 

waste regulations. 

3. EPA Overview of State Permit Actions 

EPA's overview function for permit actions, including 

closure of interim status and final status facilities, 

will	 focus on those facilities identified in the approved 

annual program plan. EPA's overview will be in keeping 

with	 the six principles of EPA's Oversight Policy as 

stated in Section II.A. of this agreement. EPA shall 

provide, in a timely fashion, clear and consistent 

guidance to the state in performing their review and 

overview function regarding state issued RCRA permits and 

permit actions. 

For all RCRA permit actions written and issued on TSD 

facilities identified for oversight by the State of 

Washington, there will be three opportunities for EPA 

review. 

a.	 The first review will be of the draft application 

submitted by the TSD facility prior to completeness 

determination by the state. EPA will review the 

draft application to aid in determining if all appropriate technical information has been provided .. The e·· purpose of this review is to avoid a situation where

a permit is drafted and then cannot be issued due to 

a lack of information or inadequate information in an 

application. EPA's review comments shall include the 

following: 1) a justification, based on guidance or 

regulation, why additional or different information 

is necessary, and 2) a specific description of what 

changes need to be made in order to determine the 

application complete: These comments must" be submitted in writing to the state in accordance with the 

application review schedule established by the state. 

b.	 The second review will be of the initi~l draft of 

the permit prior to the public notice process. This 

is an informal review, the primary purpose of which 

is to identify any areas where the intent of RCRA is 

not being met and any significant issues between the 

·department	 and EPA related to the facility and the 

permit which should .be resolved prior to the permit 

going to public comment. The philosophy here is 

that EPA and the department should resolve their 

differences at this point in the permit process to 

present a more consistent and unified approach to 

the regulated community. EPA shall include in their 

•	 

comments the following: 1) a statement of· the 

reasons for the comment (including the section of 

RCRA and the state regulations that support the 

III-II
 
comment); 2) the. action that should be taken by the 

state in order to address the comments (including 

the conditions which the permit would include if it 

~ere issued by EPA). 

EPA shall respond during this review period in 

accordance with the review schedule set by the 

state. If for some reason EPA cannot respond in 

.that time or does not. wish to comment on this draft 

permit review opportunity, they will so indicate in 

writing to the state that they will not be 

commenting or they may reques t an extended review 

time in writing. 

• 

c. The third review is the formal review of the draft 

permit following public notice. During this review 

EPA may comment in writing on any draft permit 

action or proposed permit modification, whether or 

not EPA commented on the permit application, within 

forty-five (45) days of public notice. For all comments including' those where EPA indicates that issuance of the permit or the permit action would be 

inconsistent with the approved state program, EPA 

shall include in the comment; 1) a statement of the 

reasons for the comment (including the section of the 

state regulations and RCRA that support the comment); 

and 2) the actions that should be taken by the state 

in order to address the comments (including the 

conditions which the permit ~ould include if it were 

issued by EPA). EPA may provide a copy of its comments to the applicant where a comment is made that 

the draft permi t includes conditions inconsistent 

with the approved state program or lacks conditions 

necessary to be consistent with the approved program. 

When EPA submits any comments to the applicant, such 

comments shall also be provided verbatim to the 

state at the same time. The state shall provide a 

written explanation for addressing the formal 

comments submitted by EPA during the public review 

period. Based on this response, EPA shall withdraw 

such comments, in writing, when satisfied that the 

state has met or refuted its concerns. This 

withdrawal statement shall also include a statement 

of EPA's proposed course of action, including 

timing, for any concerns which are not being 

withdrawn. A copy' of this statement and any 

comments made by EPA which have not been resolved 

shall be sent to the applicant at the same time it 

is submitted to the state. This withdrawal 

statement shall be submitted within ten (10) days 

• 

prior to the scheduled permit issuance date . 

111-12 

o 
·,. 

F. 

The Regional Administrator and the Director shall agree to meet 

at the request of the state in circumstances where comments by 

EPA on a draft or proposed permit are not sufficiently resolved 

by staff to allow issuance of the permit. If the state believes 

that the terms imposed by EPA staff comments are not justified 

because of specific conditions or circumstances t the request 

for ,meeting may be initiated by the Director. The Regional 

Administrator shall respond to such request with recommended 

meeting date(s) or shall concur with the Director's suggested 

date within ten (10) working days of receiving the Director's 

request. - The Regional Administrator and the Director will make 

maximum effort to meet within twenty (20) days of the Regional 

Administrator receiving the Director's request. An agenda and 

briefing paper covering the issues needing resolution shall be 

prepared by EPA and the state and both shall be provided to the 

Regional Administrator and Director at least five (5) working 

days before the scheduled meeting. ' 

Under Section 3008(a)(3) of RCRA, EPA may terminate a stateissued per~it in accordance with the procedures of Part 124 t 

Subpart E, or bring an enforcement action in ac~ordance with 

the procedures of 40 CFR Pqrt 22 in the case of a violation of 

a state program requirement. In exercising these authorities, 

EPA will observe the conditions established in 40 CFR 271.19(e). 

Upon a request by the state, EPA will provide technical assistance for permit actions within EPA resource and expertise 

constraints. This assistance could be in the form of ,using 

the "permit assistance team," Region X staff, or EPA contractor(s). 

Provisions for Enforcement and Compliance Monitoring 

Upon final authorization, the state has primary responsibility 

for compliance and enforcement actions within the approved 

state program and under state statutory and regulatory 

authority. EPA retains responsibility for ensuring fair and 

effective enforcement of federal requirements and a credible 

national deterrence to noncompliance through an effective 

state/Federal partnership and an oversight role .. The state 

and EPA agree that the following elements are mandatory for an 

effective enforcement and compliance monitoring program under 

final authorization; 1) clear oversight criteria specified in 

advance for program performance evaluation, 2) clear criteria 

for direct Federal enforcement specified in advance with 

written procedure~ for advance consultation and notification, , 

and 3) adequate state reporting to ,ensure effective 

oversight. 

1. State 

The state agrees to carry out a timely and effective pro­

• 

gram for monitoring the compliance of generators, transporters , and' facilities with applicable program requirements. As part of this program, the state will conduct 

111-13
 
-


compliance inspections to assess compliance with generator 

and transporter standards (including manifest requirements), 

facility standards, permit requirements, (including late 

or deficient Part B applications), .compliance schedules, 

and all other program requirements, including violations 

detected by state or Federal compliance inspections. A 

compliance and enforcement tracking sys.tem is operated by 

the state to ensure timely and appropriate enforcement 

actions, adequate compliance follow-up, monitor 

compliance rates, assess categories and violations and 

report necessary, accurate, and timely compliance and 

enforcement information to EPA for the purposes of 

oversight'and program performance evaluation. Compliance 

monitoring and enforcement activities, priorities and 

reporting requirements will be specified in the annual 

state program plan and shall be consis~ent with 

applicable Federal requirements and with the state's 

program description. 

Timely and appropriate state enforcement response will be 

based on a department approved enforcement policy for 

dangerous waste program violations. This policy will be 

consistent with state requirements for ensuring that all 

major threats to the environment and public health are 

treated effectively. . . 

In civil enforcement proceedings, the department agrees

... not to oppose intervention allowed under Civil Rule for 

Superior Court 24, on the grounds that the applicant's 

interest is adequately represented by the state. 

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. 

2. EPA 

EPA's primary role in enforcement and co~pliance

monitoring under final authorization shall be that of 

oversight as described in Section II.A. and in accordance 

with oversight criteria and measures and oversight 

procedures and protocols as set forth in this agreement~/

Deviations to these procedures will only occur in unusual 

circumstances where warranted and not without prior 

written explanation to the state. EPA has the right to 

inspect any hazardous waste genera tor, transporter, or 

TSD facility or to bring enforcement action in accordance 

with Sections 3008(a)(2), 3013, a~d 7003 of RCRA or any 

other applicable federal statute . 

•
 

111-14
 
•
 

e·
 

•
 

For the purposes of oversight of compliance inspections 

and enforcement EPA shall maintain a policy of "no 

surprises" to ensure'the productive use of limited state 

and federal resources and an effective "partnership" in 

achieving compliance. This principle should be applied 

to all aspects of the compliance and enforcement program; 

covering inspections, enforcement activities, press 

releases, and public information, and management data 

summaries upon which state and national performance are 

assessed. 

In order to guarantee that there is ample advance 

notification, EPA agrees to confer with the state to 

establish agreement in writing and reach a clear, 

consistent understanding on the following matters: 

•	 Advance notification of intended inspections and 

enforcement actions; 

•	 Specific identification of who will be notified; 

•	 How the notification will be done; 

•	 When the notification will occur; 

•	 Define the process for state/federal consultation 

and dispute resolution on en forcement actions and 

policy and regulatory interpretation. 

The written agreement to be established on the above 

matters. is incorporated by reference in this memorandum 

of agreement. 

EPA also agrees to inform the state in writing in a 

timely manner of any national or regional policy changes 

or program direction changes and will generally allow the 

state a minimum of ninety (90) days to implement those 

changes. 

At a minimum, the following will be adhered.·-to by EPA, 

EPA shall attend approximately ten (10) percent of the 

state's compliance inspections to evaluate the state's 

techniques, follow-up activities, and enforcement actions. 

EPA will receive from the state, thirty (30) days prior to 

the beginning of each quarter, a list of facilities to be 

inspected for the upcoming quarter. By the end of the 

first week of that quarter EPA will submit to the state 

hazardous waste program director a list of facilities to 

receive an oversight inspection that quarter (approximately 10%). Specific inspection dates will be scheduled 

with the appropriate inspector at least ten (10) working 

days before the inspection is to occur. EPA shall only 

conduct independent oversight inspections after giving a 

minimum of ten (10) working days written notice to a 

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Department of Ecology representative of their intent to do 

so and giving the Department of Ecology an opportunity to 

attend. If EPA has a concern about a particular facility 

or compliance situation, they shall request that the 

department perform an inspection, and fifteen (15) working' 

days prior notice will be the standard business practice. 

This notice may be oral initially, but shall be provided 

to Ecology in writing at least ten (10) working days in 

advance of the date that EPA would conduct an inspection. 

If the state performs a compliance inspection and submits 

a report and data relevant thereto within that time to 

EPA, no EPA inspections will be made, unless-the Regional 

·Administrator deems the state report and data to be inadequate. The Regional Administrator may shorten or waive 

- notice periods in emergency situationsi but in all cases 

will inform the state before going on-site. 

The Regional Administrator may take enforcement action 

against any person determined' to be in violation of the 

auth9rized program in accordance with Section 3008(a)(2) 

of RCRA. 

After written prior notice to the state, EPA may take 

action under Section 3008 of RCRA against a holder of a 

state issued permit on the ground that the permittee is 

not complying with a condition of that permit . 

This agreement will be modified to reflect approved state 

and national enforcement policies. 

In addition, EPA may take action under Section 3008 of 

RCRA against a holder of a state issued permit. This 

action will be based on any _unresolved formal comments 

that were made by EPA during the public review and issuance of that permit. EPA shall give advance written 

notice of such action to the state. 

3. Site Visits 

EPA is responsible for maintaining reliable national data 

on hazardous waste management. These da ta are used to 

report to the' President and Congress on the achievements 

of the hazardous waste program and to support EPA's regulatory development efforts. Whenever EPA determines that 

it needs to obtain certain informa tion, EPA will first 

seek to gain this information from the state. The state 

agrees to reply in a reasonable time to the Regional 

Administrator with this information if readily available 

and as resources allow. If the state is unable to provide 

the information or if it is necessary to supplement the 

state information, EPA may conduct a special surveyor 

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perform information collection site visits after prior 

notification to the state. EPA will share with the state 

in a timely fashion any national reports or regional reports 

developed by EPA as a result of such information collection. 

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4. Enforcement Agreement 

The RCRA enforcement agreement will be included as 

Attachment A to this agreement. The intent of the enforcement agreement is to provide a basis for implementing an 

effective state/federal enforcement relationship. The 

enforcement agreement identifies oversight criteria, 

standards for assessing compliance and enforcement performance standards, protocols for notification, consultation, overfiling on RCRA enforcement matters, and state 

reporting. This enforcement agreement also delineates the 

relationship of the state enforcement policy to the compliance strategy and the enforcement agreement itself. The 

objective of the enforcement agreement is to maintain a 

stable, predictable, and coordinated enforcement presence. 

G. State Delisting Action 

If a state delisting action causes the authorized program to 

be no longer equivalent to EPA's, then EPA shall provide 

written notification of this position to the state within 

twenty (20) working days of the action. The state shall have 

twenty (20) working days to refute or demonstrate equivalency 

before EPA may begin proceedings to withdraw program approval. 

H. Provisions for Modification of the MOA 

This agreement may be modified upon the initiative of either 

party to ensure consistency with state or federal program 

modifications or for any other purpose mutually agreed upon. 

As final authorization is achieved for the 1984 amendments to 

the Hazardous and Solid Waste Act (HSWA) and future amendments 

to RCRA these shall be appended as attachments to this 

memorandum of agreement with any necessary changes to state 

statutes, regulations, the state program description, and 

Attorney General's statement. Until the state is authorizedfor the 1984 HSWA and any future amendments, EPA shall retain 

responsibility and authority for the amendments. Any 

revisions or modifications must be in writing and must be 

signed by both the director and the Regional Administrator. 

... 

For the State: For the Federal Government: 

STATE OF WASHINGTON u.S. ENVIRONMENTAL PROTECTION 

DEPARTMENT OF ECOLOGY AGENCY, REGION X 

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