# '.

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 RecoveryAct (hereinafter "RCRA" or "theAct") 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 andenforcement ofthe Stateprogram and, pending State authorization, EPA's administrationoftheprovisions oftheHazardous andSolidWaste 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 intoby the Director ofthe 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.

Thepartieswill reviewtheAgreement jointlyat least once a year (and other times as appropriate) during preparation of the annual State 

# • Memorandum ofAgreement Page 1

# •• 

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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 eitherparty in order to ensure consistency with State program modifications or for any otherpurposemutually agreedupon. Any revisions ormodifications to this Agreement must be in writing and must be signed by the State andRegionalAdministrator. ThisAgreement will remain ineffectuntil such time as State program authorization is withdrawn by or is voluntarilytransferredtoEPAaccordingtothecriteriaandprocedures established in 40 CFR 271.22 and 40 CFR 271.23.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 shallbe the date set in the Federal Register notice of the Regional Administrator's decision to grant authorization to the State.

POLICY STATEMENT

Each of theparties to this Agreement is responsible for ensuringthat 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 HSWAprovides 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. WhileEPAretains responsibilityforthedirect implementationofthose provisions of the HSWA whichthe State is not authorizedto 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 ofthe requirements ofRCRA, to promote national consistency in implementation ofthehazardous wasteprogram,

Memorandum ofAgreement Page 2to 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 jointeffortstopreventandmitigateenvironmentalproblems associated with the improper management of hazardous wastes. Oversight will be accomplished by EPA through written reporting requirements, permit overview, compliance andenforcement overview, andannual reviewofthe State's program.

III. STATE PROGRAM REVIEW

A. General

The RegionalAdministrator will assess the State administration and enforcement ofthehazardous wasteprogramon a continuingbasis for equivalence andconsistencywithRCRA, withthisAgreement, andwith all applicable Federal requirements and policies and for adequacy of enforcement. This assessment will be accomplishedby EPAreview 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 requLatred persons, thepublic, andFederal, State, andlocal agencies. Copies of any such comments receivedby 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 requestedby 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 reviewmeetings between the State andthe RegionalAdministrator 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 tomaintainregularly scheduledconsultationsbetweenthe following State and EPA representatives concerning program implementation:

Memorandum ofAgreement 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 bimonthlyprogram 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 PriorityActivities

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 consideredhigh 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 ofAgreement Page 4becomemore clear. As therespective informationneeds ofthe State and EPA evolve, changes to this section of the Agreement may be appropriate. During the annual review of this Agreement the State andthe Regional Administratorwill carefullyexamine 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. EPAwill also provide general technical guidance tothe State. EPAwill sharewiththe State any national reports developedbyEPA from the data submittedthrough State reporting requirements.

2.The State andEPAhave agreedto a jointpermittingprocess (see section V.D. of this Agreement). Under this process the State and EPA have established policies and procedures by which each willpursuetheir 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 priortotheeffectivedate ofthisAgreement or subsequent to the effective date of this Agreement andwhether 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 ofAgreement Page 53.EPA agrees to make available to the State copies of any reports anddata 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 beprovidedwithinthirty (30) workingdays oftheeffectivedate 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 afterthe effectivedate ofthisAgreement. 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, andverifyinginformationonnotificationforms (Form 8700-12) and permit applications or Part Apermit applications, and for forwarding such informationto 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. Informationmade availabletothe Statewillbe subject tothe terms of 40 CFR, Part 2. At the discretionofthe Regional Administrator, "made available"may meantemporaryaccess in lieu of actual delivery to the State.

C. State

1.The State agrees to informthe RegionalAdministrator in advance of any proposed program changes which would affect the State's ability to implement the authorizedprogram. Programchanges of
concern include modification of the State's legal authorities (i.e., statutes, regulations, andjudicialorlegislativeactions affecting those authorities), modifications of Memoranda 

### of AgreementorUnderstandingwithotheragencies, andmodifications of resource levels (i.e., available or budgeted personnel and funds). The Staterecognizesthatprogramrevisionsmustbemade

Memorandum ofAgreement Page 6inaccordance with the provisions of 40 CFR, Part 271.21, and that until approvedbyEPA, revisions are not authorized as RCRA Subtitle C requirements.

2.Annually, through development of the State grant work program, EPAandthe Statewill agree onthetype andfrequency ofreports the Statewillmake in order forEPAtomaintain oversight ofthe implementationofthe State'sauthorizedprogram. Suchreporting 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, anddelisting requests made by hazardous waste handlers; and, 

# • e. Various reports designedto accuratelydescribe the status of the State's authorized program including biennial reports summarizing the quantities and types of hazardous waste generated, transported, treated, storedanddisposed 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 toprovideEPA a copy of anydecisions 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 ofAgreement 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 APermit 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. WheneverEPAdeterminesthat itneedstoobtaincertaininformation, EPA will first seek this information from the State. The State agrees to supply the Regional Administrator with this information ifreadily available andas resources allow. Ifthe State isunable 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 developedby 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 ofsuch information shall immediatelynotifybytelephone the other party(ies) to this Agreement of the existence of such situation. The State shallnotifytheDirectorofEPA's IdahoOperationsOffice (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 ofAgreement 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.EPAagrees to furnish tothe State informationin its files which is not submitted under a claim of confidentiality and which the State needs to implement its program. All CBI information EPA transferstothe Statewillbetransferredinaccordancewiththe 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 confidentiallyhas also beenmadepursuant to IDAPA § 16.01.5750. Ifthe State finds the claimisnot legitimate, thenthe State is obligatedtotreatthe information as public information.

Tobreachthis inequitybetweenStateandFederalCBI 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. EPAPermitting
Upon authorization of the State program EPA will suspend issuance of Federal permits for hazardous waste treatment, storage, and disposal facilities for whichthe 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 ofAgreement 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 issuedby EPA) .

The State and EPA agree to meet or confer whenever necessary to resolve a disagreementbetweentheir staffs ontheterms ofanyRCRA 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 alsoprovide thepermit applicant with a copy of such withdrawal

. Under § 3008(a)(3) ofRCRA, EPA may terminate a State-issuedpermit 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 proposedpermit modifi­ days of completion. cations, public notices, fact sheets. Copies of final permit Within five working

Memorandum ofAgreement Page 10or 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 issuedpermits whichwillbe followed at a minimum, the State andEPAhave agreedtothe following additionalprocedures 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 reviewthirty (30) days prior to the scheduled public notice date. EPA will advise the State when or if comments will be provided prior the public noticeperiod. The State shallbe under no obligation todelay activitiespendingdeliveryofEPAcomments. EPAand the State agreethatthe State shalldetermine for eachpermit to be issued whether sufficient jurisdiction for all permit conditions exists, or whetherEPA 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/facilitymeetings on thepreliminary draftpermit 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. EPAwill advise the State when or if comments will be provided. The State is underno obligationtodelay activitiespendingreceiptofEPA comments. Untilthe State is subsequentlyauthorizedforthis 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 thereforea post-closurepermit isnotnecessaryanduntilEPA has beenprovided a copy of the facility RFA, andthe results verifying clean closure. 

# • Memorandum ofAgreement Page 11

# • 3. Corrective Action Documents: At a minimum, the State will send final RFA's, approved RFI workplans, final RFI's, correctivemeasures studies and corrective actionplans, when they are complete. EPA will be provided the opportunity to review andcomment 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 authorizedportions ofthe State'sprogram in accordance with IDAPA §§ 16.01.5013et seg., the Stateequivalentto 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 applicableprovisions of IDAPA§§ 16.01.5013et seq. ThisAgreement 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 inthe performance of permit issuance, modification, denial, termination or reissuance.

The State agrees that any compliance schedules contained inpermits 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, proposedpermit



### Memorandum ofAgreement Page 12modification, 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 withthe 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 andprohibitions, and authorization is received for that portion or portions of the program.
EPA and IDHW hereby establishthis jointpermittingprocess for the issuance of RCRA permits in Idaho. This joint permitting process is establishedin accordance with § 3006(c) (3) ofRCRA. 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 PermittingAgreement as set out in the annual State Work Grant Program shall be amendedto reflect the authorization. Amendment of this Memorandum of Agreement or the execution of a separateMemorandum of theAgreement 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 ofjoint State/EPApermits for whichthe State isnot yet authorized until such time that the State is granted program primacy or specific rule authority is adopted via State regulations.

B. State 

# • Memorandum ofAgreement Page 13

# • with the State/EPA Agreement (SEA) and the State/EPA Enforcement Agreement. The frequency of EPAoversight andtraining inspections will be specified in the annual State Grant Work Program. EPAwill negotiate on an annual basis the number of inspections in whichEPA 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.errnini.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. EPAalso retains its right to issue orders andbringactions 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 ofRCRA 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 actionunder 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 Stateprogramrequirements, 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 withapplicableprogramrequirements (see40 CFR271.15). 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. Compliancemonitoring activities andpriorities will be specified in the State/EPAEnforcement Agreement and the annual StateGrantWorkProgramand shallbe consistentwithall applicable Federal requirements and with the State's Program Description. By use of this MOA, the State adopts EPA's Enforcement Response Policy (issuedDecember 1987) and a State-modifiedversion ofEPA's Civil Penalty Policy to identify enforcement priorities and set monetary or equivalent penalties to effectuate owner/operator compliance. 

# • Memorandum ofAgreement 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 asnecessary 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 andbe fully enforceable as Statepermit 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 onlybecome effective and enforceableby the State after adoption through the State rule-making process. 

# • VII. COMPLIANCE MONITORING AND ENFORCEMENT

A. EPA Nothing inthis 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 orbelievedto 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 ofAgreement 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 whichrequest complianceofthenotedEPAregulations. More frequent inspectionsmay beperformedat TSDFs (i.e., landdisposal, corrective action) as negotiated in the annual SEAprocess.
Individuals in the State program may be designated as EPA representatives under § 3007 of RCRA in order that they can inspect EPApermittedfacilities 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 allpersons inviolation of generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all otherprogramrequirements, includingviolations detectedby State orFederal compliance inspections. The Statewill maintainprocedures for receiving andensuringproper consideration of information about violations submittedby 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 obtainedby the State regarding facilities and sites for treatment, storage and disposal of hazardous waste, andthat 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 ofAgreement Page 165 

# 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 certainmaterials routinely available to thepublic 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 thepublic. In addition, records preparedfor 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 ofStatejudicial (or, iftheyexist, 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 communicationmedium, orfrom a public interestgroup. 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 shallnotify any requestor of suchrecordthatthe request cannot be further processed until a final decision as to confidentiality ismade. Suchnotification shallbe made within 20 working days of the request. 

# • Memorandum ofAgreement 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 ofAgreement Page 18