...

,T"' f"

### ~!,;~:i**<;:~;;;~~.;;~; ji[~;;~:::.>.** **;1;~:** <,,.... :':'1 ,."

# •

• MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF OREGON AND THEUNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION X
I. GENERAL This Memorandum ofAgreement (hereafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR 123.126 for the State ofOregon Hazardous Waste Management Program (hereafter "State Program") authorizedunder Section 3006{C) ofthe Resource Conservation and Recovery Act (hereafter "ReRA" or "the Act") of 1976 (Pub. L. 94-580, 42 USC 6901, et seq.) and the United States Environmental ProtectionAgency (hereafter "EPA") Regional Office for Regfon X. .**T~s** Agreement further. set.s forth the manner inwhich the**St~ite** will coordinate with EPA in

--.- - administering the State program. This Agreement is entered into by the Director ofthe Department of Environmental QUality (hereafter "Director" or "the State"), the lead agency for the State program {as designated by the State pursuant to 40 CFR 123.4 and the Regional Administrator, EPA, Region

### X(hereafter "Regional Administrator" or "EPA"). References to Director or Regional Administrator include designees ofeither party. Nothing in this Agreement shall be construed to restrict in any way EPA's authority to fulfill its oversight and enforcement responsibilities under RCRA. -The parties will review this Agreement jointly at least once a year (and at other times as appropriate) during preparation of the annual State GrantWork Program (hereafter "state WorkProgram"), in connectdonwith grant funding under Section 3011 ofRCRA. This Agreement will be amended and re-executed by the parties for Interim Authorization Phase II. Final Authorizationwill require the execution ofa new Memorandum ofAgreement. This Agreement may be modified upon the initiative ofeither party in order to ensure consistency with State program modifications or for any other purpose mutually agreed upon. Any revisions or modifications must be inwriting and must be signed by the Director and the Regional Administrator. This Agreement will remain in effect until such time as State program authorization is withdrawn by EPA, according to the provisions of40 CFR 123.136, or reverts to EPA according to the provisions of40 CFR 123.137, or automatically expires 24 months after the effective date ofPhase II of the Federal regulations. Unless otherwise·stipulated, this Agreement, and any subsequent modifications made, will take effect immediately upon being signed by the Director and the Regional Administrator.
5.1II. RESPONSIBILITIES OF PARTIES

Each ofthe 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 ofcooperation and coordination between State and EPA staffs in a partnership to assure successful and effective administration ofthe State Program. 

# • A. Policy Statement



# • TheState has primary responsibility for all aspects ofthe program, and for coordination ofthe programwith other authorized state programs, and with the Federal program in states without authorization. EPA will keep the Director informed ofthe content and meaning of Federal statutes, regulations, guidelines, standards, policy decisions, directives, and"any other factors that affect"the State Program. EPA also will provide general technical guidance to the State. B. Information Sharing 1. 

### .ErA EPA agrees to provide copies ofEPA Form8700-12, including EPA identification numbers, received by EPA prior to the date of this Agreement from generators and transporters ofhazardous

. waste and from owners and operators ofhazardous waste treatment, storage, and disposal facilities located in the state. Such copies will be prOVided to the Director or his designee within thirty (30) days of this Agreement. EPA will also provide, within thirty (30) "days ofreceipt, copies ofEPA Form8700-12, including EPA identification numbers, submitted by persons located in the state who file such forms after the date of this Agreement. EPA will transfer to the Director or his designee copies of all pending hazardous waste management facility permit applications, together with copies of any pertinent file information. EPA will makeavailable to the Director other information as requestedwhich the State needs to implement its approved program. The above will be provided subject to the terms of40 CFR 2, which implements the Trade Secrets Act, 18 USC 1905.

# ~. 2. State a.The State agrees to submit to the Regional Administrator the following documents, reports, and other information:

# •

•

:.

" Quarterly statistical noncompliance reports for generators and facilities using Report Format 11 according to the schedule in 122.18(e)(1); Annual program reports containing information on the number ofgenerators and facilities in the state and the quantities ofwastes handled using Report Format 12 according to the schedule in 122.18(e)(2); and Semi-annual progress reports by February 28 and September 30. b. The State agrees to require new generators, transporters, and hazardous waste management facilities to obtainEPA identification numbers from the State. Further, the State agrees to require all generators, transporters, ,andhazardous waste management facilities to use the EPA !dentificatlonnumberiDg system specified in the public notice ofFebruary 26, 1980 (Dun and Bradstreet Data Universal Numbering'(DUN) system for businesses and General Service Administration Real Property Number, or equivalent, for governmental agencies).
c. Any information obtained or used in the administration of the State Program shall be available to EPA without restriction. Ifinformation has been submitted to the State under a claim ofconfidentiality, the State must inform EPA ofsuch claim; EPA will treat all information submitted to it with a claim ofconfidentiality in accordance with the procedures of40 CFR Part 2. d. Any other information requested by the Regional Administrator. 3. Emergency Situations Upon receipt ofany information that the handling, storage, treatment, transportation, or disposal ofhazardous waste is endangering humanhealth or the environment, the party inreceipt of such information shall immediately notifY by telephone the other party(ies) to this Agreement of the existence of such situation. Such notification shall include name ofgenerator or facility, address ofemergency, EPA identification number, nature ofemergency, action being taken by notifier, and action requested by notifier ofother party(ies). C. State Program Review TheRegional Administrator will assess the Director's administration and enforcement ofthe State Program on a continuing basis for consistency with RCRA, with this Agreement, and with all applicable Federal requirements and policies. This program evaluation will generally be accomplished by an EPA review ofthe information submitted by the Director inaccordance with this Agreement and the State Work Plan. The Regional Administrator may also consider, as .I 

### 5·3

# •

••

•

"'-.'. part ofthis regular assessment, written commentsabout the State's Program administration and enforcement that are received from regulatedpersons, the pUblic, and Federal, State, and local agencies. Copies of any such commentsreceived by the Regional Administrator will be providedto the Director. Toensure effective program review, the Director agrees to allow EPA access to all files and other information requested by the Regional Administrator and deemed necessary for evaluating State Program administration and enforcement. ReviewofDepartment ofEnvironmental Quality files may be scheduled at quarterly intervals. Program review meetings between the Director and the Regional Administrator or their assignees will be scheduled at reasonable intervals not less than annually to review specific operating procedures and schedules, to resolve problems, and ·torliscuss mutual**progr~** concerns. These meetings must be scheduled

at least'fifteen 

### ("15)**'d~ys** in**advan~e'unl'ess** agreed to differently. A tentative agenda for the meetingmust be preparedby EPA. D. Enforcement 1. Identification ofMaior Hazardous Haste Management Facilities and Generators TheDirector agrees to develop with EPA a list ofmajor hazardous waste management facilities and selected generators and transporters locatedwithin the state. Arevised list.is attached as Appendix A. In addition, all new hazardous waste manggementfacilities shall be consideredmajor facilities. EPA or the State may add facilities, generators or transporters to the list and shall notify the other party inwriting. However, the deletion ofany facility, generator or transporter must be agreed to inwriting by both parties. This list will be reviewed and updated at least annually by both the State and EPA as part ofthe State Hork Program process. This review and update do not reqUire a formal amendment to this Agreement. The factors considered in developing Appendix Awere: the size ofthe physical plant or number ofvehicles; companies located in Oregon; the amount ofwaste generated/handled; the hazard characteristics of the waste(s) generated/handled; whether the generator/facility/transporter is regulatedunder another program; and the number ofgenerators/facilities/transporters within the state. 2. Compliance Monitoring The State agrees to operate a timely and effective compliancemonitoring system to assess and monitor compliance with facility standards and generator and transporter reqUirements. The State's compliance monitoring program is more fully described in the Phase I - Interim Authorization Application: Program.Description

- SectionE.



### 5.4

# •

i.

• TheState will monitor, evaluate, and take appropriate action for violations ofall reporting requirements by hazardous waste generators, transporters, and facilities under the State program. This shall include a timely substantive review of such reports to determine the compliance status ofpersons filing the reports. Priorities for reviewing these reports will be specified in the annual State WorkProgram. 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 retaineduntil such action is resolved. TheState agrees to carry out a program for monitoring the compliance by generators, transporters, and facilities with applicable program requirements (see**~O** CFR 123.128). Compliance inspections will be done to ascertainwhether a generator, transporter or facility is meetingmanifest requirements, generator.anq**transpo~~er** requirements, and facility standards 'for recordkeeping, 'operation andmaintenance'- self-monitoring, reporting, and other activities as defined inthe annual State WorkProgram. EPA may conduct compliance inspections ofall hazardous waste generators, transporters, and facilities. EPA will not ordinarily conduct such inspections ofnon-major hazardous waste generators, transporters, and facilities; however, nothing in this Agreement shall be construed to restrict EPA's right to inspect any facility, generator, or transporter that it believes is not in compliance with Program requirements. At the beginning ofeach fiscal year, EPA will notify DEQ of the facility inspections inwhich EPA will participate (approximately 5%). Uponreceipt of the list, DEQ will establish the necessary arrangements to ensure EPA has at least twoweeks'

- notice ofthe final inspe,ctiondates. Based on changing conditions, the list may be modified on a quarterly basis. Inspections other than those listedwill be performed by DEQ or EPA if there is urgent reason. The following situations are examples: compliance follow-up for clarification, inspection to perform field sampling, or suspected violations. DEQ will perform these sudden and urgent inspections as soon as possible and report to EPA verbally on completion of these inspections. A written report will follow within a specified time depending on the need (generally withinfive days), but in any event no later than 10 calendar days. IfDEQ is unable to meet a,time schedule that EPA feels is imperative, EPA will, after notifyingDEQ, perform the inspection. The parties agree to makeavailable to each other, within 30 days ofcompliance inspections, any reports and data resulting 'therefrom. '

# •

•

'. III. 3. Enforcement Actions TheState agrees to take timely and appropriate enforcement action against persons inviolation ofgenerator and transporter standards (includingmanifest reqUirements), facility standards, permitrequirements, compliance schedules, and all other program requirements. This includes violations detected by State or Federal compliance evaluation inspections. In instances where EPA determines that the State has not initiated timely and appropriate enforcement action against a violator, EPA shall proceedwith any or all of the enforcement options available under RCRA or other applicable statute. The State's enforcement program is more fully described in the Phase I - Interim Authorization Application: Program Description

- SectionE. TheState agrees to take the enforcement leadwith appropriate enforcement action,against**pers~ns** inviolation,of any State program'requirement, including'but not 11ndt'ed·to violations detected by State or Federal inspections. The State will maintain procedures for receiving and ensuring proper consideration ofinformation about violations submitted by the public. Appropriate State enforcement response may include warning letters for any violation followed by timely initiation and prosecution ofenforcement proceedings whichmay be, as determined on a case-by-case basis, administrative 'or judicial in nature, or other administrative remedies as prescribed by State laws.TheRegional Administrator may take enforcement action against any person determined to be inviolation ofRCRA in accordance with Section 3008(a)(2). EPA will take enforcement action only.upon determining that the State has not taken timely and appropriate enforcement action. Prior to issuing a Notice of Violation under Section 3008, EPA will give notice to the,State. The parties agree to make available to each other, within 30 days ofany enforcement action, any letters, orders, notices or other correspondence resulting therefrom. E. Other State/EPA Procedures Unique to Region/State At Oregon's request, EPA agrees to retain authority over hazardous waste related activities on Indian lands'inOregon.

COMPUTATION OF TIME In computing any period of time prescribed by the Agreement, the day onwhich the designated period oftime begins shall not be included. However, the last day ofthe period shall be included unless it is Saturday, Sunday, or legal holiday. In that case, the period will extend until the end ofthe next non-holiday weekday.

# • When the period oftime is less than seven (7) days, intermediate Saturdays, Sundays, or legal holidays shall be excluded in the computation.

Protection

10/5/82

# 0 Department ofEnvironmental Quality

Date**_....;;;;..;~.......-** _


### ZC643



# •

5.7

### et Format " QUARTERLY STATISTICAL NONCOMPLIANCE REPORTS All Hazardous Waste Handlers

LIl 

# -

Number ofhandlers receiving inspect10ns during reporting period' Number ofhandlers found to be out ofcompliance during reporting period Number ofManifest Exception Reports, UnmanifestedWaste Reports and Manifest Discrepancy Reports received during reporting period Number ofletters ofwarning issued during reporting period Generators Transporters Treatment Storage

.DisDosal Uncontrolled Sites"

# e·

Combinations

..

00 

### Number ofcompliance orders issued during reporting period Number ofcivil actions initiated during reporting period Number ofcriminal actions initiated during reporting period Number ofinspections performed to determine compliance with enforcement actions Number ofunresolved enforcement actlons at beginning of reporting period Number ofunresolved enforcement act10ns at end ofreporting period

• Inspections at combination facilities should be counted only once. For.instance, a generator whioh also treats on-site is only one facility and should be counted as one, rather than two. II 

### Descriptions should be provided on a separate sheet. 

### ZC643.B

# • Report Format #1 QUARTERLY STATISTICAL NONCOMPLIANCE REPORTS Vehicle-Driver Compliance Inspections Oregon Carriers Major Minor Number ofInspections Number ofViolations UnresolvedViolations at End ofReporting Period Names ofSources inNoncompliance
OtherCarriers Number ofInspections Number ofViolations



### 5.9 See attached

# • Repoermat 1)2 

# • Reporting Period: Date ofReport: RCRA STATE ANNUAL PROGRAM REPORT

V1 

# . I--' o 

### ESTIMATED AMOUNT OF HAZARDOUS WAS'l'R**1:rE1iE~A'I'ED_~~** T_A1E



### (metric tons)

Total number ofgenerators in state Total number oftreatment, storage, and disposal facilities in state

___ ZC643.B ESTIMATED AMOUNT OFHAZARDOUS WASTE· TREATED OR DISPOSED INSTATE PER YEAR (metric tons) On-site ·Off-site Total ESTIMATED AMOUNT OFHAZARDOUS WASTE INSTORAGE AT END OF YEAR (metric tons)

# • Appendix A
LISTOF SELECTEDGENERATORS AND TRANSPORTERS AND MAJOR HAZARDOUS WASTE MANAGEMENT FACILITIES
GENERATORS



# • Associated Chemists Portland, Oregon American CanCompany Salem, Oregon J. H. Baxter and Company Eugene, Oregon The Charles H. Lilly Company Portland, Oregon Chloride AutomotiveBatteries Beaverton, Oregon Continental Can Co. (Plant 

### 087) Portland, Oregon FMC Corporation Portland, Oregon Freightliner Corporation Portland, Oregon General Battery Corporatiop Portland, Oregon General Electric Company Portland, Oregon Gilmore Steel Portland, Oregon Hewlett Packard, Corvallis Division Corvallis, Oregon Intel Corporation Aloha, Oregon L. D. McFarland Company EugeIle! Oregon MinnesotaMining and Manuf. Co. Medford, Oregon Omark Industries Milwaukie, Oregon OregonMetallurgical Corp. Albany, Oregon Pennval. t Corporation Portland, Oregon Precision Castparts Portland, Oregon. Stauffer Chemical Company Portland, Oregon Wacker Siltronics Portland, Oregon**Dr~** Recovery Portland, Oregon Gresham Transfer Portland, Oregon McKays TruckLine, Inc. Albany, Oregon Matlack, Inc. Portland, Oregon TRANSPORTERS Sandy TruckLines, Inc. Sandy, Oregon SilverWheels Freightliners, Inc. Portland, Oregon Wilhelm Trucking Company Portland, Oregon

5.11MAJOR HAZARDOUS WASTE MANAGEMENT FACILITIES



# ,e Allied Plating Portland, Oregon Chem-Security Systems, Inc. Arlington, Oregon Drum Recovery Portland, Oregon Tektronix, Inc. Beaverton, Oregon Teledyne Wah Chang Albany, Oregon Borden, Inc. LaGrande, Oregon ESCO Corporation Portland, Oregon Permapost Products Co., Inc. Hillsboro, Oregon Roseburg LumberCo., Inc. Dillard, Oregon BaronBlakeslee Portland, Oregon Boeing of Portland Portland, Oregon Chempro ofOregon, Inc. Portland, Oregon Georgia-Pacific Trucking Tigard, Oregon

ZC643

5.12 Gould, Inc. Portland, Oregon GreatWestern Chemical Tigard, Oregon GreatWestern Chemical Eugene, Oregon KwikeeEnterprises, Inc. Drain, Oregon Madera Products Albany, Oregon McKesson Chemical Lab Portland, Oregon Pacific Chemical Lab Albany, Oregon Rhone-Poulenc Chemical Co. Portland, Oregon Riedel International Portland, Oregon Sol-Pro Division ofSpe-de-Way Portland, Oregon Umatilla Ar,my Depot Hermiston, Oregon VanWaters 

### &Rogers Portland, Oregon