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MEMORANDUM OF AGREEMENT

BETWEEN

THE STATE OF OREGON

AND

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,

REGION X

I. GENERAL

This Memorandum of Agreement (hereafter "Agreement") establishes

policies, responsibilities, and procedures pursuant to 40 CFR 123.126 for

the State of Oregon Hazardous Waste Management Program (hereafter "State

Program") authorized under Section 3006{C) of the 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 Protection Agency

(hereafter "EPA") Regional Office for Regfon X. . T~s Agreement further.

set.s forth the manner in which the St~ite will coordinate with EPA in --.- -

administering the State program.

This Agreement is entered into by the Director of the 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 of either 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

Grant Work Program (hereafter "state Work Program"), in conne ctdon with

grant funding under Section 3011 of RCRA.

This Agreement will be amended and re-executed by the parties for

Interim Authorization Phase II. Final Authorization will require the

execution of a new Memorandum of Agreement.

This Agreement may be modified upon the initiative of either party in

order to ensure consistency with State program modifications or for any

other purpose mutually agreed upon. Any revisions or modifications must be

in writing 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authorization is withdrawn by EPA, according to the provisions of 40 CFR

123.136, or reverts to EPA according to the provisions of 40 CFR 123.137,

or automatically expires 24 months after the effective date of Phase 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.

5.1
II. RESPONSIBILITIES OF PARTIES

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 Program.

• A. Policy Statement

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The State has primary responsibility for all aspects of the

program, and for coordination of the program with other authorized

state programs, and with the Federal program in states without

authorization.

EPA will keep the Director 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 also will provide general technical guidance to the

State.

B. Information Sharing

1. .ErA

EPA agrees to provide copies of EPA Form 8700-12, including

EPA identification numbers, received by EPA prior to the date of

this Agreement from generators and transporters of hazardous .

waste and from owners and operators of hazardous 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 of receipt,

copies of EPA Form 8700-12, 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 make available to the Director other information as

requested which the State needs to implement its approved

program.

The above will be provided subject to the terms of 40 CFR 2,

which implements the Trade Secrets Act, 18 USC 1905.

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2. State

a.The State agrees to submit to the Regional

Administrator the following documents, reports, and other

information:
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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 of generators and facilities in the state and

the quantities of wastes 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

obtain EPA identification numbers from the State. Further,

the State agrees to require all generators, transporters,

,and hazardous waste management facilities to use the EPA

!dentificatlonnumberiDg system specified in the public

notice of February 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. If information has been submitted to the State

under a claim of confidentiality, the State must inform EPA

of such claim; EPA will treat all information submitted to

it with a claim of confidentiality in accordance with the

procedures of 40 CFR Part 2.

d. Any other information requested by the Regional

Administrator.

3. Emergency Situations

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 existence of such

situation. Such notification shall include name of generator or

facility, address of emergency, EPA identification number, nature

of emergency, action being taken by notifier, and action

requested by notifier of other party(ies).

C. State Program Review

The Regional Administrator will assess the Director's

administration and enforcement of the 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 of the information

submitted by the Director in accordance with this Agreement and the

State Work Plan. The Regional Administrator may also consider, as

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part of this regular assessment, written 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.

To ensure 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.

Review of Department of Environmental 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

·to rliscuss 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 meeting must be prepared by EPA.

D. Enforcement

1. Identification of Maior Hazardous Haste Management

Facilities and Generators

The Director agrees to develop with EPA a list of major

hazardous waste management facilities and selected generators and

transporters located within the state. A revised list .is

attached as Appendix A. In addition, all new hazardous waste

manggement facilities shall be considered major facilities. EPA

or the State may add facilities, generators or transporters to

the list and shall notify the other party in writing. However,

the deletion of any facility, generator or transporter must be

agreed to in writing by both parties. This list will be reviewed

and updated at least annually by both the State and EPA as part

of the State Hork Program process. This review and update do not

reqUire a formal amendment to this Agreement.

The factors considered in developing Appendix A were: the

size of the physical plant or number of vehicles; companies

located in Oregon; the amount of waste generated/handled; the

hazard characteristics of the waste(s) generated/handled; whether

the generator/facility/transporter is regulated under another

program; and the number of generators/facilities/transporters

within the state.

2. Compliance Monitoring

The State agrees to operate a timely and effective

compliance monitoring 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 - Section E.

5.4
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The State will monitor, evaluate, and take appropriate

action for violations of all 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 of persons filing the

reports. Priorities for reviewing these reports will be

specified in the annual State Work Program. 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.

The State 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 ascertain whether a generator,

transporter or facility is meeting manifest requirements,

generator. anq transpo~~er requirements, and facility standards

'for recordkeeping, 'operation and maintenance'- self-monitoring,

reporting, and other activities as defined in the annual State

Work Program.

EPA may conduct compliance inspections of all hazardous

waste generators, transporters, and facilities. EPA will not

ordinarily conduct such inspections of non-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 of each fiscal year, EPA will notify DEQ of

the facility inspections in which EPA will participate

(approximately 5%). Upon receipt of the list, DEQ will establish

the necessary arrangements to ensure EPA has at least two weeks' -

notice of the final inspe,ctiondates. Based on changing

conditions, the list may be modified on a quarterly basis.

Inspections other than those listed will 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 within five days), but in any event no later

than 10 calendar days. If DEQ is unable to meet a ,time schedule

that EPA feels is imperative, EPA will, after notifying DEQ,

perform the inspection.

The parties agree to make available to each other, within 30

days of compliance inspections, any reports and data resulting

'therefrom. '
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III.

3. Enforcement Actions

The State agrees to take timely and appropriate enforcement

action against persons in violation of generator and transporter

standards (including manifest reqUirements), facility standards,

permit requirements, 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

proceed with 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 - Section E.

The State agrees to take the enforcement lead with

appropriate enforcement action, against pers~ns in violation,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 of information about violations submitted by the

public.

Appropriate State enforcement response may include warning

letters for any violation followed by timely initiation and

prosecution of enforcement proceedings which may be, as

determined on a case-by-case basis, administrative 'or judicial in

nature, or other administrative remedies as prescribed by State

laws.

The Regional Administrator may take enforcement action

against any person determined to be in violation of RCRA 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 of any 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'in Oregon.

COMPUTATION OF TIME

In computing any period of time prescribed by the Agreement, the

day on which the designated period of time begins shall not be

included. However, the last day of the period shall be included

unless it is Saturday, Sunday, or legal holiday. In that case, the

period will extend until the end of the next non-holiday weekday.
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When the period of time is less than seven (7) days, intermediate

Saturdays, Sundays, or legal holidays shall be excluded in the

computation.

Protection

10/5/82 0

Department of Environmental

Quality

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

ZC643

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5.7
et Format "

QUARTERLY STATISTICAL NONCOMPLIANCE REPORTS

All Hazardous Waste Handlers

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Number of handlers receiving inspect10ns during reporting

period'

Number of handlers found to be

out of compliance during reporting period

Number of Manifest Exception

Reports, Unmanifested Waste

Reports and Manifest Discrepancy Reports received during reporting period

Number of letters of warning issued during reporting period

Generators Transporters Treatment Storage .DisDosal

Uncontrolled

Sites"

e·

Combinations ..

00 Number of compliance orders

issued during reporting period

Number of civil actions initiated

during reporting period

Number of criminal actions initiated during reporting period

Number of inspections performed

to determine compliance with

enforcement actions

Number of unresolved enforcement

actlons at beginning of

reporting period

Number of unresolved enforcement

act10ns at end of reporting 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
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Report Format #1

QUARTERLY STATISTICAL NONCOMPLIANCE REPORTS

Vehicle-Driver Compliance Inspections

Oregon Carriers Major Minor

Number of Inspections

Number of Violations

Unresolved Violations at End

of Reporting Period

Names of Sources in Noncompliance

Other Carriers

Number of Inspections

Number of Violations

5.9

See attached
• Repoermat 1)2

Reporting Period:

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Date of Report:

RCRA

STATE ANNUAL PROGRAM REPORT

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ESTIMATED AMOUNT OF HAZARDOUS

WAS'l'R 1:rE1iE~A'I'ED_~~ T_A1E

(metric tons)

Total number of generators in state

Total number of treatment, storage, and

disposal facilities in state ___

ZC643.B

ESTIMATED AMOUNT OF HAZARDOUS WASTE·

TREATED OR DISPOSED IN STATE PER YEAR

(metric tons)

On-site ·Off-site Total

ESTIMATED AMOUNT OF HAZARDOUS

WASTE IN STORAGE AT END OF YEAR

(metric tons)
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Appendix A

LIST OF SELECTED GENERATORS AND TRANSPORTERS

AND MAJOR HAZARDOUS WASTE MANAGEMENT FACILITIES

GENERATORS

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Associated Chemists

Portland, Oregon

American Can Company

Salem, Oregon

J. H. Baxter and Company

Eugene, Oregon

The Charles H. Lilly Company

Portland, Oregon

Chloride Automotive Batteries

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

Minnesota Mining and Manuf. Co.

Medford, Oregon

Omark Industries

Milwaukie, Oregon

Oregon Metallurgical 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 Truck Line, Inc.

Albany, Oregon

Matlack, Inc.

Portland, Oregon

TRANSPORTERS

Sandy Truck Lines, Inc.

Sandy, Oregon

Silver Wheels Freightliners, Inc.

Portland, Oregon

Wilhelm Trucking Company

Portland, Oregon

5.11
MAJOR HAZARDOUS WASTE MANAGEMENT FACILITIES

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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.

La Grande, Oregon

ESCO Corporation

Portland, Oregon

Permapost Products Co., Inc.

Hillsboro, Oregon

Roseburg Lumber Co., Inc.

Dillard, Oregon

Baron Blakeslee

Portland, Oregon

Boeing of Portland

Portland, Oregon

Chempro of Oregon, Inc.

Portland, Oregon

Georgia-Pacific Trucking

Tigard, Oregon

ZC643

5.12

Gould, Inc.

Portland, Oregon

Great Western Chemical

Tigard, Oregon

Great Western Chemical

Eugene, Oregon

Kwikee Enterprises, 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 of Spe-de-Way

Portland, Oregon

Umatilla Ar,my Depot

Hermiston, Oregon

Van Waters & Rogers

Portland, Oregon