'. MEMORANDUM OF AGREEMENT BETWEEN 

THE STATE OF IDAHO 

AND 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

I. GENERAL 

• 

This Memorandum of Agreement (hereinafter "Agreement") establishes 

policies, responsibilities, and procedures pursuant to 40 CFR 271.8 

for the State of Idaho Hazardous Waste Program (hereinafter "State 

Program" authorized under § 3006 of the Resource Conservation and 

Recovery Act (hereinafter "RCRA" or "the Act") of 1976 (42 USC 6901 et 

seq.) as amended (Public Laws 94-580, 96-482, 98-616), and the United 

States Environmental Protection Agency (hereinafter EPA) Regional 

Office for Region 10. This Agreement further sets fort,hthe manner in 

which the State and EPA will coordinate in the State's administration 

and enforcement of the State program and, pending State authorization, 

EPA's administration of the provisions of the Hazardous and Solid Waste 

Amendments of 1984 HSWA (for purpose of this Agreement, references to 

"ReRA" include the Hazardous and Solid Waste amendments of 1984 

(HWSA) (P.L. 98-616)). 

This Agreement is entered into by the Director of the Idaho Department 

of Health and Welfare (IDHW) (hereinafter "Director" or "the State") 

and the Regional Administrator, EPA Region 10 (hereinafter "Regional 

Administrator" or "EPA") . 

Nothing in this Agreement shall be construed to restrict in any way 

EPA's authority to fulfill its oversight and enforcement 

responsibilities under RCRA. Nothing in this Agreement shall be 

construed to contravene any provision of 40 CFR, Part 271. 

The parties will review the Agreement jointly at least once a year (and 

other times as appropriate) during preparation of the annual State 

• Memorandum of Agreement 

Page 1 
•• 

•
 

II. 

Grant Work Program (hereinafter "State Work Program"), in connection 

with grant funding under § 3011 of RCRA. 

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 

to this Agreement must be in writing and must be signed by the State 

and Regional Administrator. This Agreement will remain in effect until 

such time as State program authorization is withdrawn by or is 

voluntarily transferred to EPA according to the criteria and procedures 

established in 40 CFR 271.22 and 40 CFR 271.23. 

This Agreement shall be executed by the State and the Regional 

Administrator and shall become effective at the time the State's 

authorization takes effect, which shall be the date set in the Federal 

Register notice of the Regional Administrator's decision to grant 

authorization to the State. 

POLICY STATEMENT 

Each of the parties to this Agreement is responsible for ensuring that 

its obligations under RCRA are met. Upon granting of final 

authorization by EPA, the State assumes primary responsibility for 

implementing the authorized provisions of the RCRA hazardous waste 

program within its boundaries. EPA retains its responsibility to 

ensure full and faithful execution of the requirements of RCRA, 

including direct implementation of HSWA in the event the State is not 

authorized to act. The State and the Regional Administrator agree to 

maintain a high level of cooperation and coordination between their 

respective staffs in a partnership to assure successful and effective 

administration of the State program. 

Section 3006(g) of the HSWA provides that hazardous waste requirements 

and prohibitions promulgated pursuant to the HSWA are applicable in 

authorized states at the same time that they are applicable in 

unauthorized states with the exception of § 3006(f) - Availability of 

Information, which cannot be implemented by EPA in authorized states. 

While EPA retains responsibility for the direct implementation of those 

provisions of the HSWA which the State is not authorized to implement, 

it is the intention of EPA and the State to coordinate the 

implementation of such provisions to the greatest degree possible. 

EPA will oversee implementation of the authorized State program in 

order to ensure full execution of the requirements of RCRA, to promote 

national consistency in implementation of the hazardous waste program, 

Memorandum of Agreement
 

Page 2
 
to allow EPA to report to the President and Congress on the 

achievements of the hazardous waste program, and to encourage states 

and the EPA to agree on desirable technical support and targets for 

joint efforts to prevent and mitigate environmental problems associated 

with the improper management of hazardous wastes. Oversight will be 

accomplished by EPA through written reporting requirements, permit 

overview, compliance and enforcement overview, and annual review of the 

State's program. 

III. STATE PROGRAM REVIEW 

A. General 

The Regional Administrator will assess the State administration and 

enforcement of the hazardous waste program on a continuing basis for 

equivalence and consistency with RCRA, with this Agreement, and with 

all applicable Federal requirements and policies and for adequacy 

of enforcement. This assessment will be accomplished by EPA review 

of information submitted by the State in accordance with this 

Agreement and the State Grant Work Program, permit overview, 

compliance and enforcement overview, and annual 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 r equLatred 

persons, the public, and Federal, State, and local agencies. Copies 

of any such comments received by the Regional Administrator will be 

provided to the State. 

To ensure effective program review, the State agrees to allow EPA 

access to all files and other information requested by the Regional 

Administrator or his/her designee and deemed necessary by EPA for 

reviewing State program administration and enforcement. 

Review of IDHW files may be scheduled at quarterly intervals or as 

otherwise deemed necessary by the Regional Administrator. Program 

review meetings between the State and the Regional Administrator or 

their assignees will be scheduled at least fifteen (15) days in 

advance unless agreed to differently. A tentative agenda for the 

meeting will be prepared by EPA. 

To support effective program coordination, EPA and the State agree 

to maintain regularly scheduled consultations between the following 

State and EPA representatives concerning program implementation: 

Memorandum of Agreement
 

Page 3
 
• 1. State and EPA first line managers will conduct quarterly 

meetings which will encompass site specific as well as any 

other implementation aspects as necessary. 

2.	 The IDHW Hazardous Waste Bureau Chief and EPA's Hazardous 

Waste Branch Chief will conduct monthly or bimonthly program 

update telephone calls. 

3.	 State and EPA senior management (Idaho DEQ Administrator or 

Assistant Administrator and EPA Hazardous Waste Division 

Director or Deputy Director) will also conduct quarterly 

consultations. 

The State and EPA agree that these quarterly meetings will rotate 

between Boise and Seattle. The State and EPA agree that the first 

line managers as well as the senior management meetings will 

alternate between face-to-face meetings and conference calls; 

although, either party can request a face-to-face meeting in lieu 

of a scheduled conference call. The EPA Idaho Operations Office 

will coordinate the scheduling of these quarterly meetings for 

both first line managers as well as senior management. Meetings 

will be scheduled in conjunction with Mid-Year Review and/or any 

other related activity to minimize travel expenditures. 

• 

B. Identification of Priority Activities 

The State and EPA agree to develop, on an annual basis as part of 

the State grant work program, criteria for priority activities, 

including activities regarding handlers of hazardous waste. These 

criteria will be based on guidance issued by EPA in the annual 

RCRA Implementation Plan (RIP) and other guidance documents as may 

be appropriate, and will serve to identify those activities which 

should receive the highest priority during the grant period. 

Examples of activities which will be considered high priority will 

include, but not be limited to, facilities to be inspected, 

facilities to be permitted, and enforcement against facilities 

with known or suspected groundwater contamination. 

IV. INFORMATION SHARING 

A.	 General 

As the national hazardous waste program matures, the respective 

roles and responsibilities in this State/Federal partnership will 

Memorandum of Agreement 

Page 4 
become more clear. As the respective information needs of the State 

and EPA evolve, changes to this section of the Agreement may be 

appropriate. During the annual review of this Agreement the State 

and the Regional Administrator will carefully examine the following 

information sharing provisions for needed revision. 

B.	 EPA 

1.	 EPA will keep the State informed of the content and meaning qf 

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. 

2.	 The State and EPA have agreed to a joint permitting process (see 

section V.D. of this Agreement). Under this process the State 

and EPA have established policies and procedures by which each 

will pursue their respective and/or joint responsibilities under 

the HSWA. 

• 

The State and EPA agree to the sharing of information as 

specified under "V.D. Joint Permitting Process" and the annual 

State Grant Work Program. Specifically included shall be the 

procedures for sharing and coordinating the exchange of 

information on the following: 

a.	 Part A and Part B Permit Applications, whether received 

prior to the effective date of this Agreement or subsequent 

to the effective date of this Agreement and whether first 

received by the State or EPA; 

b.	 Such other information necessary to support the foregoing 

information; 

c.	 Copies of draft permits, proposed permit modifications, 

public notices; 

d.	 Copies of final permits and permit modifications; and, 

e.	 Notices of permit denials. 

Memorandum of Agreement 

Page 5 
3.	 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 inspections. 

4.	 EPA agrees to provide the State notification information from 

EPA Form 8700-12 obtained prior to the effective date of this 

Agreement if such information has not already been provided to 

the State. The Director and EPA shall agree on the format in 

which the information will be provided and the information will 

be provided within thirty (30) working days of the effective date 

of this Agreement. EPA will also forward, on a monthly basis, 

notification information (including newly assigned EPA 

identification numbers) submitted by persons in the State who 

file such forms after the effective date of this Agreement. This 

information will be submitted to the Director within ten (10) 

working days of the end of each month for the preceding month. 

5.	 EPA agrees to assign EPA identification numbers to generators 

and transporters and to owners and operators of hazardous waste 

treatment, storage, and disposal facilities submitting 

notifications after the effective date of this Agreement. 

Pursuant to RCRA § 3010 and according to agreements between EPA 

and the State, the State is responsible for receiving, 

processing, and verifying information on notification forms (Form 

8700-12) and permit applications or Part A permit applications, 

and for forwarding such information to EPA for the assignment of 

EPA Identification Numbers. 

6.	 EPA will make available to the State other relevant information 

as requested which the State needs to implement its approved 

program. Information made available to the State will be subject 

to the terms of 40 CFR, Part 2. At the discretion of the Regional 

Administrator, "made available" may mean temporary access in lieu 

of actual delivery to the State. 

C.	 State 

1.	 The State agrees to inform the Regional Administrator in advance 

of any proposed 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 of Memoranda of 

Agreement or Understanding with other agencies, and modifications 

of resource levels (i.e., available or budgeted personnel and 

funds). The State recognizes that program revisions must be made 

Memorandum of Agreement
 

Page 6
 
in	 accordance with the provisions of 40 CFR, Part 271.21, and 

that until approved by EPA, revisions are not authorized as RCRA 

Subtitle C requirements. 

2.	 Annually, through development of the State grant work program, 

EPA and the State will agree on the type and frequency of reports 

the State will make in order for EPA to maintain oversight of the 

implementation of the State's authorized program. Such reporting 

shall include, but not be limited to, the following: 

a.	 Compliance monitoring and enforcement information; 

b.	 Corrective action activity; 

c.	 Information indicating the status of the State's 

permitting, closure, post-closure, and groundwater 

monitoring activities; 

d.	 State decisions to grant variances, waivers, and delisting 

requests made by hazardous waste handlers; and, 

• 

e. Various reports designed to accurately describe the status 

of the State's authorized program including biennial 

reports summarizing the quantities and types of hazardous 

waste generated, transported, treated, stored and disposed 

in the State. The State will modify and transmit to 

applicable handlers EPA Biennial Report forms to ensure 

that the format reflects current State statutory and/or 

regulatory authority. 

3.	 The State agrees to provide EPA with a copy of each State 

decision regarding variances, waivers, and delisting petitions 

at the time such requests are granted. The State agrees to 

provide EPA with a copy of each proposed variance, waiver or 

delisting submittal at the time it is received. If granting of 

a variance, waiver, or delisting would impair the State's 

equivalency; i.e., impose standards less stringent than RCRA, 

the EPA will confer with the State program to resolve these 

issues. The State agrees not to issue a waiver, variance, or 

delisting which would render the Idaho State program less 

stringent than that of EPA. 

4.	 The State agrees to provide EPA a copy of any decisions regarding 

requests made by hazardous waste handlers to change their 

classification (e.g., requests to be deleted as generators but 

to retain their facility status) and facility requests to make 

Memorandum of Agreement 

Page 7 
• on-site changes prior to permit issuance (e. g., requests to 

handle additional wastes not identified on the facility's 

original notification and RCRA Part A Permit Application.) 

5.	 The State agrees to provide EPA with copies of reports on data 

resulting from any compliance inspection and subsequent 

enforcement actions, when EPA requests such copies. 

6.	 The State agrees to provide any pertinent information requested 

by the Regional Administrator or his designee within a mutually 

agreed upon time frame, as necessary for EPA to carry out its 

oversight responsibilities. 

D.	 Site Visits 

• 

EPA is responsible for maintaining reliable national data on 

hazardous waste management. These data 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 information, 

EPA will first seek this information from the State. The State 

agrees to supply 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 perform 

info~mation collection site visits after notifying the State. EPA 

will share with the State any national reports developed by EPA as 

a result of such information collection. 

E.	 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. 

The State shall notify the Director of EPA's Idaho Operations Office 

(334-1450). The EPA shall notify the Administrator, Division of 

Environmental Quality (334-5840). 

F.	 Confidentiality 

1.	 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 declared by the State 

to be confidential business information (CBI), the State must 

Memorandum of Agreement
 

Page 8
 
•	 submit that claim to EPA when providing information. Any 

information obtained from the State and subject to a claim of 

confidentiality will be treated in accordance with the 

regulations in 40 CFR, Part 2. 

2.	 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. All CBI information EPA 

transfers to the State will be transferred in accordance with the 

requirements of 40 CFR, Part 2. EPA will notify affected 

facilities when such information is sent to the State. 

3.	 The State may receive information declared confidential by EPA, 

but it currently may not withhold this information from public 

disclosure unless a State declaration of confidentially has also 

been made pursuant to IDAPA § 16.01.5750. If the State finds the 

claim is not legitimate, then the State is obligated to treat the 

information as public information. 

To breach this inequity between State and Federal CBI procedures, 

the State will propose regulatory changes to IDAPA § 16.01.5750 

to provide that any CBI information which is submitted to the 

State from EPA will receive State CBI status . 

• v. PERMIT ISSUANCE 

A.	 EPA Permitting 

Upon authorization of the State program EPA will suspend issuance 

of Federal permits for hazardous waste treatment, storage, and 

disposal facilities for which the State is receiving authorization. 

The State and EPA have agreed to a joint permitting process for 

the joint processing and enforcement of permits for those 

provisions of the HSWA for which the State does not have 

authorization. As the State receives authorization for 

additional provisions of the HSWA, EPA will suspend issuance of 

Federal permits in the State for those provisions. 

B.	 EPA Overview of State Permits 

While EPA may comment on any permit application or draft permit, 

EPA's overview function will focus primarily on those facilities 

identified by the State and EPA in the State's Multi-Year Permit 

Memorandum of Agreement
 

Page 9
 
•
 

•
 

•
 

Strategy, annual State Grant Work Program, and the State's Program 

Description. 

EPA may comment in writing on any draft permit or proposed permit 

modification, whether or not EPA commented on the permit 

application, within forty-five days of its receipt. Where EPA 

indicates in a comment that issuance, modification, reissuance, 

termination or denial of the permit 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 law or regulations 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 would include if it were issued by EPA) . 

The State and EPA agree to meet or confer whenever necessary to 

resolve a disagreement between their staffs on the terms of any RCRA 

permit to be issued by the State. EPA shall send a copy of its 

written comments to the permit applicant. EPA shall withdraw such 

comments when satisfied that the State has met or refuted its 

concerns and shall also provide the permit applicant with a copy of 

such withdrawal . 

Under § 3008(a) (3) of RCRA, EPA may terminate a State-issued permit 

in accordance with the procedures of Part 124, Subpart E, or bring 

an enforcement action in accordance with the procedures of 40 CFR, 

Part 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). 

The State agrees to provide EPA with the following information in 

the timeline as specified: 

Copies of facility permit within fifteen working 

applications, revisions	 days of receipt. 

and additions. 

Copies of draft permits, Within five working 

proposed permit modifi­	 days of completion. 

cations, public notices, 

fact sheets. 

Copies of final permit	 Within five working 

Memorandum of Agreement 

Page 10 
or permit modifications. days of completion. 

Copies of permit appeals, Within fifteen working 

responses and resolutions. days of receipt or 

completion. 

While 40 CFR271.19 provides specific procedures for EPA review and 

comment on state issued permits which will be followed at a minimum, 

the State and EPA have agreed to the following additional procedures 

for advance review and consultation on permitting, closure and 

corrective action documents: 

• 

1. Permits: EPA and the State agree that the State will provide 

a preliminary draft permit to EPA for review thirty (30) days 

prior to the scheduled public notice date. EPA will advise 

the State when or if comments will be provided prior the 

public notice period. The State shall be under no obligation 

to delay activities pending delivery of EPA comments. EPA and 

the State agree that the State shall determine for each permit 

to be issued whether sufficient jurisdiction for all permit 

conditions exists, or whether EPA signature is needed for any 

non-delegated program req~irements incorporated into the 

permit. The State agrees to advise EPA of this determination 

at a minimum of thirty (30) days prior to the public comment 

period. The State agrees to invite EPA to observe any 

IDHW/facility meetings on the preliminary draft permit and/or 

draft permit. 

2.	 Closure Plans: The State agrees to provide EPA a preliminary 

draft copy of closure plans scheduled for tentative approval 

thirty (30) days prior to public notice. EPA will advise the 

State when or if comments will be provided. The State is 

under no obligation to delay activities pending receipt of EPA 

comments. Until the State is subsequently authorized for this 

provision, EPA retains authority under the December 1, 1987, 

HSWA rule (52 FR 45798), to determine whether a post closure 

permit will be required for facilities that attempt to clean 

close. EPA and the State agree that the State will not 

terminate interim status for any facility until EPA or the 

State, when authorized for this provision, has made the 

determination that clean closure has been achieved and 

therefore a post-closure permit is not necessary and until EPA 

has been provided a copy of the facility RFA, and the results 

verifying clean closure. 

• Memorandum of Agreement 

Page 11 
• 

3. Corrective Action Documents: At a minimum, the State will 

send final RFA's, approved RFI workplans, final RFI's, 

corrective measures studies and corrective action plans, when 

they are complete. EPA will be provided the opportunity to 

review and comment on any State determination that corrective 

action is complete for any facility. 

C. State Permitting 

• 

The State is responsible for expeditiously drafting, circulating 

for public review and comment, issuing, modifying, reissuing, and 

terminating RCRA permits for those hazardous waste treatment, 

storage and disposal facilities contained in the authorized 

provisions of the State's program and shall do so in a manner 

consistent with RCRA as amended by the HSWA, with this Agreement, 

with all applicable Federal requirements, and with the State's 

Program Description. In accordance with Idaho Code § 39-4409(2), 

the granting of interim status or final permits prior to State 

authorization shall be adopted by IDHW as State interim status or 

final permits until IDHW issues a new State permit. The State 

agrees to issue, modify, and reissue all permits contained in the 

authorized portions of the State's program in accordance with IDAPA 

§§ 16.01.5013 et seg., the State equivalent to 40 CFR, Part 124, the 

Idaho Administrative Procedure Act, Idaho Department of Health and 

Welfare Rules and Regulations, Title 5, Chapter 3, "Rules of 

Practice and Procedure" and to include as permit conditions all 

applicable provisions of IDAPA §§ 16.01.5013 et seq. This Agreement 

also applies to permits issued after final authorization but for 

which the processing may have begun before final authorization. 

The State agrees to use EPA equivalent permitting procedures 

contained in IDAPA §§ 16.01.5012 and 5013 and in the performance of 

permit issuance, modification, denial, termination or reissuance. 

The State agrees that any compliance schedules contained in permits 

it issues will require compliance with applicable standards as soon 

as possible. The State may issue a variance to a permittee under 

Idaho Code § 39-4409(7), and IDAPA § 16.01.5356, if, in the 

judgement of the Director, application of permit regulations would 

cause unreasonable hardship, and the granting of a variance would 

not be harmful to the public interest or inconsistent with (i.e., 

no less stringent than) RCRA requirements. 

The State agrees to consider all comments EPA makes on permit 

applications and draft permits. The State will satisfy or refute 

EPA's concerns on a particular permit application, proposed permit 

Memorandum of Agreement
 

Page 12
 
modification, or draft permit in writing before issuing the permit !. or making the modification. 

D. Joint Permitting Process 

Pursuant to RCRA § 3006(g) (1), and in accordance with the Hazardous 

and Solid Waste Amendments of 1984, EPA has the authority to issue 

or deny permits or those portions of permits to facilities in Idaho 

for the requirements and prohibitions in or stemming from the HSWA 

until the State's program is amended to reflect those requirements 

and prohibitions, and authorization is received for that portion or 

portions of the program. 

EPA and IDHW hereby establish this joint permitting process for the 

issuance of RCRA permits in Idaho. This joint permitting process 

is established in accordance with § 3006 (c) (3) of RCRA. The details 

of the joint permitting process shall be incorporated into the 

annual State Grant Work Program. The duties and responsibilities 

of EPA and the State for joint permitting shall also be specified 

in the annual State Grant Work Program. 

• 

The details of the joint permitting process as contained in the 

State Grant Work Program shall be reviewed and revised as often as 

necessary, but no less often than annually to assure its continued 

appropriateness . 

Upon authorization of the State for any of the provisions of the 

HSWA, the specifics of the Joint Permitting Agreement as set out in 

the annual State Work Grant Program shall be amended to reflect the 

authorization. Amendment of this Memorandum of Agreement or the 

execution of a separate Memorandum of the Agreement may be required 

for authorization of any additional provisions of the HSWA. 

VI. PERMIT ADMINISTRATION 

A. EPA 

EPA will administer the enforcement, modification, revocation, 

reissuance, and termination of all EPA-issued permits and portions 

of joint State/EPA permits for which the State is not yet authorized 

until such time that the State is granted program primacy or 

specific rule authority is adopted via State regulations. 

B. State 

• Memorandum of Agreement 

Page 13 
• 

with the State/EPA Agreement (SEA) and the State/EPA Enforcement 

Agreement. The frequency of EPA oversight and training inspections 

will be specified in the annual State Grant Work Program. EPA will 

negotiate on an annual basis the number of inspections in which EPA 

will accompany the State. 

The EPA may take enforcement action against any person determined 

to be in violation of RCRA in accordance with § 3008(a) or upon 

request by the State. EPA will take enforcement action upon 

det.e rrni n i.nq that the State has not taken timely and appropriate 

enforcement action or upon request by the State. Prior to issuing 

a compliance order under § 3008 (a) EPA will give notice to the 

State. EPA also retains its right to issue orders and bring actions 

under §§ 3008(h), 3013 and 7003 of RCRA and any other applicable 

Federal statute. 

• 

After notice to the State, EPA may take action under § 3008 of RCRA 

against a holder of a State-issued permit on the grounds that the 

Permittee is not complying with a condition of that permit. In 

addition, EPA may take action under RCRA § 3008 against a holder of 

a State-issued permit on the grounds that the Permittee is not 

complying with a condition that the Regional Administrator, in 

commenting on that permit application or draft permit, stated was 

necessary to implement approved State program requirements, whether 

or not that condition was included in the final permit . 

B. State 

The State agrees to carry out a timely and effective program for 

monitoring the compliance by generators, transporters, and 

facilities with applicable program requirements (see 40 CFR 271.15). 

As part of this program, the State will conduct compliance 

inspections to assess compliance with generator and transporter 

standards (including manifest requirements), facility standards, 

permit requirements, compliance schedules, and all other program 

requirements. Compliance monitoring activities and priorities will 

be specified in the State/EPA Enforcement Agreement and the annual 

State Grant Work Program and shall be consistent with all applicable 

Federal requirements and with the State's Program Description. 

By use of this MOA, the State adopts EPA's Enforcement Response 

Policy (issued December 1987) and a State-modified version of EPA's 

Civil Penalty Policy to identify enforcement priorities and set 

monetary or equivalent penalties to effectuate owner/operator 

compliance. 

• Memorandum of Agreement 

Page 15 
• The State agrees to review all hazardous waste permits which were 

issued by EPA and adopted under State law prior to the effective 

date of this Agreement, and to modify or revoke and reissue such 

permits as	 necessary to require compliance with the amended State 

program under Idaho Code § 39-4409 et seq., Idaho Administrative 

Procedure Act, Idaho Department of Health and Welfare Rules and 

Regulations, Title 5, Chapter 3, "Rules of Practice and Procedure" 

and IDAPA § 16.01.5008 et seq. 

Pursuant to Idaho Code § 39-4409(2), permit requirements contained 

in either an EPA issued or joint EPA/State issued permit shall be 

adopted and be fully enforceable as State permit requirements after 

the date of State authorization. 

After the effective date of State authorization, EPA HSWA 

requirements which govern interim status and permitted facilities 

that have not been incorporated into a permit and which have not 

been adopted by the State through statute or regulation shall 

continue to be enforced only by EPA until such time that the State 

adopts specific authority equivalent to the HSWA provisions. NonHSWA regulations shall only become effective and enforceable by the 

State after adoption through the State rule-making process. 

• 

VII. COMPLIANCE MONITORING AND ENFORCEMENT 

A. EPA 

Nothing in	 this Agreement shall restrict EPA's right to inspect any 

hazardous waste generator, transporter or TSD facility or bring 

enforcement action against any person believed to be in violation 

of the State or Federal hazardous waste program or believed to have 

released a hazardous constituent. Before conducting~an _inspection 

of a generator, transporter, or treatment, storage, or disposal 

facility, the Regional Administrator will normally give the State 

at least seven days notice of the intent to inspect in accordance 

with 40 CFR 271.8 (b) (3) (i) . If the State performs a compliance 

inspection and submits a report and data relevant thereto within 

that time to EPA, no EPA inspection will be made, unless the 

Regional Administrator deems the State report and data to be 

inadequate. In case of an imminent hazard to human health and the 

environment, the Regional Administrator may shorten or waive the 

notice period. 

EPA, pursuant to RCRA, will inspect on an annual basis all federal 

TSDFs. TSDF inspections will be negotiated annually in accordance 

• Memorandum of Agreement 

Page 14 
• The State will inspect on at least a biennial basis, every interim 

status or permitted non-federal TSD facility to enforce compliance 

with the HWMA, State or jointly-issued permits, and all State 

regulations. TSDF inspections will be negotiated annually in 

accordance with the State/EPA Agreement (SEA) and the State/EPA 

Enforcement Agreement. Inspections which reveal violations of EPA 

rules which the State has not yet adopted will be referred to EPA 

for further action, the exception being for State-issued warning 

letters which request compliance of the noted EPA regulations. More 

frequent inspections may be performed at TSDFs (i.e., land disposal, 

corrective action) as negotiated in the annual SEA process. 

Individuals in the State program may be designated as EPA 

representatives under § 3007 of RCRA in order that they can inspect 

EPA permitted facilities for violations of the terms and conditions 

of the Federal permits. 

• 

The State agrees to take timely and appropriate enforcement action 

in accordance with specific timelines as projected in the State 

Enforcement Response Policy (ERP), against all persons in violation 

of generator and transporter standards (including manifest 

requirements), facility standards, permit requirements, compliance 

schedules, and all other program requirements, including violations 

detected by State or Federal compliance inspections. The State will 

maintain procedures for receiving and ensuring proper consideration 

of information about violations submitted by the public. 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. 

VIII. AVAILABILITY OF INFORMATION (§ 3006(f» 

A. General 

Section 3006(f) of the HSWA provides that States may be authorized 

by the Administrator under this section if the State program 

provides for the public availability of information obtained by the 

State regarding facilities and sites for treatment, storage and 

disposal of hazardous waste, and that such information is available 

to the public in substantially the same manner, and to the same 

degree, as would be the case if the Administrator was carrying out 

the provisions of this statute in the State. 

• Memorandum of Agreement 

Page 16 
5 

tit B. Requests for Information 

1.	 Pursuant to the Federal Freedom of Information Act (FOIA), 

U.S.C. 552(a) (2), and IDAPA § 16.01.5750, the State agrees to 

make certain materials routinely available to the public without 

a formal FOIA request. Examples of these materials are final 

opinions or orders in case adjudications, State regulations, 

statements of Agency policy, and administrative staff manuals 

affecting the public. In addition, records prepared for routine 

public distribution will also be made available. Examples of 

such records are press releases, copies of speeches, pamphlets, 

and educational materials. 

2.	 The State Agency agrees to make reasonable efforts to assist a 

requestor in identifying records being sought, and helping the 

requestor formulate his or her request. 

3.	 If a request for information is denied, the state agrees to 

provide the requestor the basis for the denial and notification 

of State judicial (or, if they exist, administrative) procedures, 

including statutes of limitation. 

• 

4. A reduction or waiver of fees will be considered in connection 

with each request from a representative of the press or other 

communication medium, or from a public interest group. The State 

agrees to reduce or waive the fee if it determines that a 

reduction or waiver of the fee is in the public interest as 

furnishing the information can be considered as primarily 

benefitting the general public. 

5.	 The State agrees to make the fullest possible disclosure of 

records to the public, subject to any of the exemptions under 

IDAPA § 16.01.5750. 

C.	 Confidentiality of Business Information 

If a record is being considered for certification as confidential, 

the State shall notify any requestor of such record that the request 

cannot be further processed until a final decision as to 

confidentiality is made. Such notification shall be made within 20 

working days of the request. 

• Memorandum of Agreement 

Page 17 
tit. D.	 Oversight 

1.	 The State agrees to keep a log of denials of requests for 

information (or a file containing copies of denial letters sent 

to requestors) which will be made available to-EPA during the 

State review. 

2.	 The State agrees to keep EPA fully informed of any proposed 

modifications to its basic statutory or regulatory authority, 

its forms, procedures, or priorities, as applied to HSWA § 

3006(f) and IDAPA § 16.01.5750. 

STATE OF IDAHO u.S. ENVIRONMENTAL PROTECTION AGENCY 

DEPT. OF HEALTH & WELFARE REGION 10 

RICHARD P. DONOVAN 

DIRECTOR REGIONAL ADMINISTRATOR 

DATE!kJ~ :i,t,/f70 ; 

• Memorandum of Agreement 

Page 18