·'.'**Novembe~** 

### 26, 1985 112015/85 State/EPA Memorandum ofAgreement Outline for FinalAuthorization

I. General

II. Responsibilities ofParties

## ~- n

## c.~i

# (C':'.\f\\
A. PolicyStatement : 

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

# JO~_3L¢;? 1. 

### EPA Program Information.Transfer

. ",**~:"** :.., ...;

### . :::
. 2 State Program Information.Transfet '

.... 

### 3. Emergency**Situat~ons** 

### and InformationTransfer 

### 4 .

.Confidentiality

C. Frequency**an~** 

### Content ofReports

1. 

### Monthly 2. 

### Biennial 

### 3. Other


### D. Conditions for StateProgramReviews

1. 

### General 2. Approach


### E. Permit Issuance

1. 

### EPA Permitting 2.**Stat~** 

### Permitting 

### 3. EPA Overview of State PermitActions


### F. Provisions·for Compliance Monitoring and Enforcement

1. 

### State 2. 

### EPA 3. Site Visits 4. EnforcementAgreement

G. StateDelistingAction


### H. Provisions for Modification of the MOA

### MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF WASHINGTON AND 

### THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONXFOR 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 ofWashington's Dangerous Waste Management Program (hereafter "State Program") authorized under Section 3006 of the Resource Conservation and Recovery Act (hereafter "RCRA" or "theAct") of 1976 (Pub. Law 94-580, 42 USC 6901, et**~.)** 

### and the United States Environmental Protection Agency (hereafter EPA) Regional Office for RegionX. 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 designatedby the state pursuant to 40 CFR 271.6(b) and the Regional Administrator, EPA, 

# e- RegionX(hereafter "RegionalAdministrator" or "EPA"). Nothing in this Agreement restricts EPA's d1ithority to fulfill its oversight and enforcement -responsibilities !lr1der RCRA. Nothingin this agreement shallbe construed to**contrav~ne** 

### 40 CFR Part 271.
The parties will review this Agreementjointly at least once a year duringpreparationof the annual State GrantWork Program (hereafter "State Work Program"), inconjunctionwith grant funding under section3011 ofRCRA.
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 shallhave the authorityinthe stateto carryout the provisions requiredby theHSWA.
This Agreement will remain ineffectuntil**th~** 

### Statewithdraws from authorization or until such time as stateprogramauthorization 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.
ThisAgreementwill take**effe~t** 

### at the time the state's authorization takes effect, which shall be 14 days after the-date ofpublication 

# • in the FederalRegister ofEPA's decisionto grant authorizationto the state

.

-111-1II. 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 cooperationand coordinationbetween state andEPA staffs ina partnership to assure successful and effective administrationof the state authorized program.
The state has primary authority and responsibility for all aspects of the hazardous waste programwithin 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 consistentmanner. 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 programwith other authorized states and withEPA in states without authorization. The state expects to have minimum resources for implementing this program and willprioritize activities and accom­ 

# • plish them inorder of priority

. EPA assumes an oversight role upon granting final authorization to the state. EPA agrees to conduct i.ts oversight of the state program in a manner consistent with the following principles outlined in the official RegionX Oversight Policy:

Focus onOverall 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 StateTechnical Judgments EPA will respect the judgments of state technical staff, unless statutory requirements call for direct EPA involvement 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 thatwillbe used to assess state programperformance 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 shouldbe measured.


### 111-2

### TailorAmount ofOversight. 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 oversightbyEPA. A new delegation should include a specified transition period. In general, the agency's oversight should reflect changing state needs and programpriorities. Emphasis on Strong, InformalEPA/State Relationships. EPA RegionX 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 timelyassessment and resolution of environmental problems andprogress. The states will also be encouraged to participate in the oversight·of their own programs throughjoint audits and to evaluateEPA's performance inproviding assistance and meeting commitments.

EPA will RetainResponsibility. 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 consultationwith 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 contentand meaning of federal statutes, regulations, guidelines, standards, policy decisions, directives, and any other factors that affect the state program. EPA will alsoprovide general technical guidance to the state. EPA will share with the state any national reports developed by EPA from the data submittedthrough state reporting requirements.

B. Provisions for Transfer of Information

1. EPA Program InformationTransfer

EPA agrees to provide copies of state "notification of dangerous waste activities" form 2 (ECY 030-5), inlieuof EPA Form (8700-12) to generators, transporters, and TSD facilities who request assistance with obtaininganEPA/ State ID number.

EPA will also provide, within ten (10) working days of receipt, originals of EPANotificationForms (8700-12) or StateNotificationForms (ECY 030-5), includingEPA identification number, submittedbypersons located inthe state

111-3

# • after the date of this agreement. EPA further agrees to inform each requestor, by mail, of the new ID number assignedwithin thirty (30) days of receipt.

EPA agrees to transfer to the Director or his designee any remaining originals of.Part

## Aand PartBhazardous waste management facility permit applications, including that information pertaining to land disposal facilities submitted toEPA under 40 CFR 270.10 by facilities located in the statebefore the date of this Agreement, togetherwith 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 PartAand Part Bpermit applications
or revisions submitted directly to EPA after the date of final authorization.

EPA will keep the department informed of allproposed or adopted Federal regulations as promulgated inthe 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'obtainingpublications 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 operationof
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 orpendingenforcement 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.

111-4EPA 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 InformationTransfer

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 assignDUN 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 identificationnumber. BothEPA and the state will work as rapidly as possible to provide identification numbers to new notifiers. The statewill also submit any updates or changes inpreviouslysubmitted notification and PartA permit**a~'!lication** information. This information will be provided to the Regional Administratorwithin twenty (20) working days of receipt.

The state agrees to inform the Regional Administrator of anyproposed or adopted program changes whichwould affect the state's ability to implement the authorizedprogram. 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, andmodifications of resource levels (i.e., available orbudgeted personnel and funds within the framework of the SEA). The state recognizes thatprogram revisions must be made in accordance with theprovisions 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 andenforce­ 

# • ment information to the Regional Administratorona routine basis as specified in the state work program and the reporting section of this agreement.



### 111-5As specified in the StateWork 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 stateprogram involves the granting of variances
or waivers,**les~** stringent requirements than comparable federal requirements orvariances will notbe imposed. The state agrees to provide EPA with a copy of each stateRCRA variance orwaiver at the time it is granted. Any request for a variance or waiver concerning a RCRA regulated waste will be sent to the RegionXEPA office in Seattle for written comment before issuance. The department will respond in writing to any comments or concerns raised in theEPA 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 programplan.

ITEM DESCRIPTION FREQUENCY OF SUBMISSION 

# ." Copies of facilitypermit applications and closure plans for review. Copies of draft permits, proposedpermitmodification 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 healthor the environment, the party in receipt of such information shall immediatelynotifyby 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 programplan. 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 informationhas been submitted to the**stat~** under a claimof confidentiality, the state must submit that claim to EPA when providing information. Any informationobtained from a state and subject to a claim of confidentiality willbe 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 submittedunder a claimof 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 confidentialitywhich the state needs to implement its program. All confidential information EPA agrees to transfer"to the statewill be transferred inaccordance with the requirements of 40 CFR Part 2. 

# e" C. Frequency and Content ofReports

The state agrees to submit to Region X, EPA the following documents, reports, and other informati\)n:

1. Monthly (on the 15thof the month for the monthprevious) 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, byOctober 1 of eacheven-numbered year.
3. Additional reports as negotiated in the State Work Program, and updated facility status information as necessary.
D. Conditions for State ProgramReview

1. The Regional Administrator will assess the Director's administration and enforcement of the stateprogramon a continuingbasis for equivalence and consistencywithRCRA, 

# • with this Agreement, andwith all applicableFederal require­ ments. This program evaluation will generallybe accom­**plishe~** by an EPA review of the information submittedby



### 111-7/".

### '. 

# • the Director in accordance with this Agreement and the State Work Plan, permit overview, compliance and enforcementoverview, and review of state program activities. The Regional Administrator may also consider, as part of this regular assessment, written comments about the. state's program administration and enforcement that are received from regulated persons, thepublic, and federal, state, and local agencies. Copies of any such comments receivedby the Regional Administrator will beprovided 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 submittedby the state in accordance with this agreement and the work plan will be submitted in writing to the StateHazardous 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 ProgramAssistantDirector.

The review of stateprogram activities shallbe conducted
as ajoint 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 shallbecome.less frequent as the state program matures and goodperformance is demonstrated consistently. The scheduling should tnclude a jointlyagreed to state/EPA format and content of the reviewwhich 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, priornotice 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 stateprogram administrationand 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 havebeen 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 operatingprocedures and schedules, to

resolve problems, and to discuss mutual program concerns. These meetings must be scheduled at least thirty (30) days in advance of themeeting, with a final agenda prepared by EPA and submitted to the director for comment at least oneweekbefore themeeting date, unless otherwise.agreedupon. 

### E. Permit Issuance

1. EPA Permitting Upon approval of the stateprogram**(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 incertain types of underground tanks When EPA does promulgate standards for additional processes, EPA willprocess and enforce ReRA permits in the state inthe·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 statewithin thirty (30) days of the approval of the stateprogram in conformancewiththe conditions of this agreement.
Pursuant to RCRA Section3006(g)(1) and in**ac~ordance** 

### with the HSWA, EPA has the authority to issue or denypermits (or those portions ofpermits), to facilities inWashington for the requirements and prohibitions inHSWA, orin 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 issuedbyEPA andEcology. 

# • In accordance with Section 3006(c)(3) of RCRA, Ecology will participate inthe administrationof the requirements which take effect pursuantto 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 oftenas 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 authorizationonly Condition5 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 permittingprocedures**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 initiatedjointlywithEPA.

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 satisfyor 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 begunbefore final authorization

.

111-10The 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, willfocus on those facilities identified inthe approved annual program plan. EPA's overview will be in keeping withthe 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 beenprovided

.. The purpose of this review is to avoid a situationwhere 

# e··

a permit is drafted and then cannotbe issued due to
a lack of informationor inadequate information in an application. EPA's review comments shall include the following: 1) a justification, based on guidanceor regulation, why additional or different information is necessary, and 2) a specific descriptionofwhat changes need to be made in order to determine the application complete: These comments must"be submitted inwriting to the state in accordance withthe application review schedule establishedby 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 primarypurpose ofwhich is to identify any areas where the intent of

### RCRA is not being met and any significant issues between the ·departmentand EPA related to the facility and the permit which should .be resolved prior

## to thepermit 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 intheir 

# • 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-IIcomment); 2) the. action that should be takenby the state in order to address the comments (including the conditions which the permit would include if it**~ere** issued byEPA).

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 request an extended review time inwriting.



# • 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 statementof the
reasons for the comment (including the sectionof the state regulations andRCRA that support the comment); and 2) the actions that should be takenby the state in order to address the comments (including the conditions which the permit**~ould** include if itwere issued by EPA). EPA may provide a copy of its comments to the applicant where a comment is made that the draft permit includes conditions inconsistent with the approved state program or lacks conditions necessary to be consistentwith the approvedprogram.
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 shallwithdraw 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 scheduledpermit issuance date

.

111-12

o

# ·,.

F. The Regional Administrator and the Director shall agree tomeet at the request of the state in circumstances where comments by EPA on a draft orproposedpermit are not sufficientlyresolved by staffto allow issuance of thepermit. If the statebelieves that the terms imposedbyEPA staff comments are notjustified because of specific conditions or circumstancest 

### 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 theDirector's request.

-The Regional Administrator and theDirectorwillmake maximum effort to meet withintwenty (20) days of the Regional Administrator receiving the Director's request. An agenda and briefing paper covering the issues needing resolution shallbe preparedbyEPA and the state andboth shallbeprovidedto the Regional Administrator and Director at least five (5) working days before the scheduledmeeting. '

Under Section 3008(a)(3) of RCRA, EPA may terminate a stateissued**per~it** 

### in accordance with the procedures of Part 124t 

### SubpartE, or bring an enforcement action in**ac~ordance** 

### with the procedures of 40 CFR Pqrt 22 inthe case of a violationof
a state program requirement. Inexercising these authorities, EPA will observe the conditions established in40 CFR 271.19(e). Upon a requestby the state, EPA willprovide 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

### Xstaff, orEPA contractor(s).
Provisions for Enforcement and ComplianceMonitoring Upon final authorization, the statehas 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 programunder final authorization; 1) clear oversight criteria specifiedin 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 effectivepro­ 

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

111-13

# -

compliance inspections to assess compliance with generator and transporter standards (includingmanifest requirements), facility standards, permit requirements, (including late
or deficient PartB applications), .compliance schedules, and all other program requirements, includingviolations detected by state or Federal compliance inspections. A compliance and enforcement tracking sys.tem is operatedby 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 programdescription. Timely and appropriate state enforcement response willbe based on a department approved enforcement policy for dangerous waste program violations. This policywillbe 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 interestis adequately represented by the state.
The state agrees to retain all records for at leastthree years unless there is an enforcement actionpending. In that case all records will be retaineduntil suchaction is resolved.

2. 

### EPA

EPA's primary role in enforcement and**co~pliance** 

### monitoring under final authorization shall be that of oversight as described inSection II.A. and inaccordance with oversight criteria and measures and oversight procedures and protocols as set forth inthis**agreement~/** 

### Deviations to these procedures will onlyoccur inunusual circumstances where warranted and not without prior written explanation to the state. EPA has the right to inspect any hazardous waste generator, transporter, or TSD facility or tobringenforcement action inaccordance 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 enforcementprogram; 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, consistentunderstanding on the following matters:

• Advance notification of intended inspections and enforcement actions;

• Specific identificationof who willbe notified;

• How the notificationwillbe done;

• When the notificationwill occur; 

# • Define the process for state/federal consultation and dispute resolution on enforcement 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 tobe 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 inspectiondates willbe scheduled with the appropriate inspector at least ten 

### (10) working days before the inspection is to occur. EPA shallonly conduct independent oversight inspections after giving a minimum of ten 

### (10) working days written notice to a

III-IS

# •

" 

### Department ofEcology representative of their intent to do
so and giving the Department ofEcology an opportunity to attend. If EPA has a concernabout a particular facility
or compliance situation, they shall request that the departmentperform an inspection, and fifteen (15) working' days prior notice willbe the standardbusiness practice. This notice may be oral initially, but shallbeprovided to Ecology in writing at least ten (10) workingdays in advance of the date thatEPAwould conduct an inspection. If the state performs a compliance inspectionand submits
a report and data relevant thereto within that time to EPA, no EPA inspections willbemade, unless-theRegional ·Administratordeems the state report and data to be inadequate. The Regional Administrator may shorten or waive

-notice periods in emergency situationsi but inall cases

will inform the statebefore 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) ofRCRA.

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 complyingwith a conditionof thatpermit

. This agreement will bemodified to reflect approved state and national enforcementpolicies.

In addition, EPA may take action under Section3008 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 actionto the state.
3. SiteVisits

EPA is responsible formaintaining reliable national data
on hazardous waste management. These data are used to report to the'President and Congress onthe achievements of the hazardous wasteprogramand to supportEPA's regulatory development efforts. WheneverEPA determines that it needs to obtain certain information, 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 readilyavailable and as resources allow. If the state is unable toprovide the information or if it is necessary to supplementthe state information, EPA may conduct a special surveyor 

# • perform information collection site visits after prior notification to the state. EPA will share withthe state ina timely fashion anynational reports or regional reports developedbyEPA as a resultof such informationcollection.

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# • 4. EnforcementAgreement
The RCRA enforcement agreement will be included as AttachmentAto this agreement. The intentof 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 enforcementpolicy to the compliance strategy and the enforcement agreement itself. The objective of the enforcement agreement is to maintain a stable, predictable, and coordinated enforcementpresence.
G. StateDelistingAction

If a state delisting action causes the authorized programto 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 beforeEPA may beginproceedings towithdrawprogramapproval.


### H. Provisions for Modificationof theMOA
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 SolidWaste 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 signedbyboththe director and theRegional Administrator. 

# ...

Forthe State: FortheFederalGovernment:

STATE OFWASHINGTON u.S. ENVIRONMENTAL PROTECTION DEPARTMENT OF ECOLOGY AGENCY, REGION X


# •

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