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COOPERATIVE ARRANGEMENT ADDENDUM TO THE

MEMORANDUM OF AGREEMENT BETWEEN

THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION X

AND THE STATE OF OREGON

Relating to the cooperative administration of the laws enacted by the

United States of America under Subtitle C of the 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 of the State of Oregon to

protect health and the environment by permitting hazardous waste storage,

treatment, and disposal facilities.

I. Preamble "." ..

The Regional Administrator, U.S. Environmental Protection Agency, Region I,

(hereafter "EPA" or "Regional Administrator") and the Director of the

Department of Environmental Quality (DEQ), designated as ~he lead agency

for the State, (hereafter "Director" or "the State") enter into this

Cooperative Arrangement (hereafter "Arrangement"). The purpose of this

Arrangement is to implement as effectively as possible EPA's responsibility

under RCRA through the cooperative efforts of EPA and the State. This

Arrangement will assure efficient allocation of public funds, will minimize

. duplication of effort, and will avoid confusion of the regulated community.

II. Authority and Responsibility

EPA has the authority to enter into this Cooperative Arrangement pursuant

to Section 3011 of RCRA. for the purpose of funding elements of the

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

composed of this addendum to the MOA and the Cooperative Arrangement

negotiated between EPA and the State pursuant to Section 3011 of RCRA.

It is understood that EPA retains full and ultimate responsibility for the

administration and enforcement of the Phase II. Components A, Band C

Federal hazardous waste management program in Oregon and that nothing in

this Arrangement shall be construed to limit EPA's authority under RCRA.

It.is understood that the Oregon hazardous waste management program

operates in lieu of the Phase I Federal hazardous waste management program

as set forth in the body of the Memorandum of Agreement. It is further

understood that the State's participation in this Arrangement is intended

to maximize the expeditious and efficient implementation of RCRA and to

speed the State's receipt of Final Authorization.

The Director shall administer those portions of the Federal hazardous waste

management program identified in this Arrangement consistent with the

provisions of other 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 of functions

described in this Arrangement on a continuing basis to assure that such

performance is consistent with this Arrangement and all applicable

requirements embodied in current Federal policies, regulation, and laws.

The Regional Administrator may request and the Director shall submit

information and provide access to all files necessary for oversight and

evaluation of the State's performance of functions described in this

Arrangement. If, in the judgment of Regional Administrator, any

performance of functions is inconsistent with this Arrangement, or current

Federal policies, regulations, or laws, he/she shall notify the State and

may take any actions specified in 40 CFR Part 35.712.

rv.. ·State Notification of. Program Changes

As soon as the Director has information concerning any substantial proposed

or actual change of any pertinent statute, regulation, directive,

significant judicial decision or form, any of-which the Director has

submitted to the Regional Administrator or agreed to make use of in

connection with this Arrangement, the Director shall notify the Regional

Administrator and transmit the text of any such change to the Regional

Administrator. Within 30 days the Regional Administrator shall determine

whether the proposed change would restrict the authority of the State to

perform in accordance with this Arrangement. Such change may be cause for

termination, according to 40 CFR 30.920, ·et seq., of the Cooperative

Agreement negotiated pursuant to this Arrangement.

v. Permit Issuance and Compliance Inspections

Editorial Note; For purposes of this 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 of a complete Part B permit application from EPA,

State will prepare draft permit conditions, seek timely (20-day)

EPA review and comment, publish public notice and issue permits.

For new and/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,
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EPA agrees to:

1. Appoint team leader for each permit

2. Seek Part B permit applications

3. Maintain administrative record

4. Issue public notice

5. Hold public hearing

6. Propose use of Permit Assistance Team

7. Issue Permit

State -~grees to: .'

1. Appoint permit coordinator

2. Draft permit conditions

3. Draft fact sheet or statement of basis

4. Assist with public hearing

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6.

Recommend issuance/denial of permit 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 in general be considered low

priority for the issuance of joint 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 of management facilities receiving a joint

permit subject to EPA oversight previously identified in the

Phase I Memorandum of Agreement.
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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 amended or modified by mutual written agreement

signed by both the Director and the Regional Administrator.

VIII. Termination

This Arrangement will ~erminatewhen_the State receives Interim or Fi.nal

Autnorization for Phase II·Components·A, B·and·C·acciording-to the

provisions of 40 CFR 123, or on the date on which all Interim

Autnorizations end, whichever is earlier. It may also terminate at any

time in accordance with 40 CFR 30.920, et seq •

Protection • Department of Environmental

Quality

Date 10/5/82

ZC6113.A
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