# Memorandum of

# Agreement
Between the State ofWashington and the US EPA Region 10

Signed and Dated: State ofWashington 7-19-99 EPA 9-24-99

## Memorandum ofAgreement Between The State ofWashington And The United States Environmental P.rotection Agency Region 10 Table ofContents


## I. General 1 

## II. Policy Statement 2 

## III. Implementation ofthe Dangerous Waste Program on'the Puyallup .4 Reservation non-trust Lands A. Responsibilities 4 

### B. Implementation Strategy for Lead Regulatory Agency Changes .4 

## IV. State Program Review 6 A. General 6 

### B. Identification ofPriority Activities 6

State 8 RCRIS · 9 Site Visits 

### 10 

### EPA 7

Emergency Situations 

### 10 Confidentiality 

### 10 Information 

### Sharing................................•.......................................................7 A. General 7 

## B. C. 

## D. E. F. 

### G. 

## V.

VI. Permit Issuance 11 A. EPA Permitting 

### 11. 

### B. EPA Oversight ofState Permits 11 C. State Permitting ! ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••13 D. Joint Permitting Process 14 

## VII. Permit Administration 

### 14 A. EPA 14 B. State 

### 14

### MOA Table ofContents (continued)

VIII. Corrective Action Program Implementation 15 A. General Corrective Action Policy 15 

### B. Coordination with EPA and Transition from Federal 15 Administration to State Administration ofCorrective Action C. RCRA Facility Assessments (RFAs) 16 D. Corrective Action Implementation Process 16 

### E. Corrective Action Financial Assurance 17 F. Public Participation in Corrective Action Remedy Selection 17 G. Cleanup Standards and Levels, and Remedy Selection 17 H. Coordination ofState and Federal Actions 18 I. 

### Applicable, Relevant and Appropriate Requirements (ARARs) ..19 

### J. Corrective Action Requirements in State Issued Permits 19 

### IX. Other Federal Laws That May Apply to Issuance ofPermits 19
r 

### X. Compliance Monitoring and Enforcement 19 

### A. EPA 20 B. State 21 

### XI. Availability ofInformation 22 A. General 22 

### B. Requests for Information · 22 C. Confidentiality ofBusiness Information 23 D. 

### Oversight

........................................................................•..23 

### XII. Dispute Resolutions 24 

### XIII. Provisions for Modification ofthe MOA 24 

### XIV. Disclaimer 24 Appendix A Federal Register November 4, 1994, 59 FR 55322

### MEMORANDUM OFAGREEMENT BETWEEN THESTATE OFWASHINGTON 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 Washington Hazardous Waste Program (hereinafter "State Program") authorized under Section 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 forth the 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 purposes of this Agreement, references to RCRA include HSWA. This Agreement is entered into by the Director of the Washington Department ofEcology (hereinafter "Director" or "the State") and the Regional Administrator, EPA Region 10 (hereinafter "Regional Administrator" or "EPA"). This Agreement does not establish privity between EPA and the State and does not restrict EPA's independent enforcement authority. No waiver of sovereign immunity is implied or assumed by this Agreement. The authorized Program in this Agreement includes State implementation of the dangerous waste program on non-trust lands within the 1873 Survey Area of the Puyallup Reservation as defined in the settlement agreement between the Puyallup Tribe, Federal, State, and local governments dated August 27, 1988 (Settlement Agreement). The Settlement Agreement was ratified by Congress and incorporated in Federal law on June 21, 1989, as the Puyallup Tribe of Indians Settlement Act of 1989,25 U.S.C. Sections 1773, et. seq. 

### (Settlement Act), and where not provided therein as otherwise provided by Federal law. The authorized program does not extend to Indians or Indian activities within the 1873 survey area. EPA retains primary responsibility for implementing RCRA on the trust lands, and over Indians and Indian activities on the non-trust lands within the 1873 Survey Area. The authorized program does not extend to any other Indian lands or activities within the State. 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 Agreementjointly at least once a year (and other times as appropriate) during preparation of the annual State grant work program, in connection with grant funding under Section 3011 of RCRA. 1

### This Agreement will be signed by the State and the Regional Administrator and will become effective at the time the State's authorization takes effect, which will be the date set out in the Federal Register notice of the Regional Administrator's decision to grant authorization to the State. This Agreement will supersede the Agreements dated January 31,1986; July 25,1988; October 17, 1994; and June 23, 1998.



### II. 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 geographic boundaries, including those Puyallup non-trust lands within the 1873 Survey Area, pursuant to the Settlement Agreement and Settlement Act (see Section III for more details). The authorized program does not extend to any other Indian lands or activities within the State. EPA retains primary responsibility for implementing RCRA on Indian lands, other than the non-trust lands within the 1873 Survey Area, trust lands and over Indians and Indian activities within the State borders.

. The State will implement its program using Ecology's letter to the governor dated December 10, 1997 whereby Ecology deemed that House Bill 1010 conflicted with the authorized program, and thereby deemed those portions of House Bill 1010 inoperable. 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 RCRA provides that hazardous waste requirements and prohibitions promulgated pursuant to HSWA are applicable in authorized States at the same time that they are applicable in unauthorized States. While EPA retains responsibility for the direct implementation of those provisions of 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. With regard to the Corrective Action portion of Washington's authorized program, the State and EPA have developed an innovative and precedent setting program for implementation of RCRA corrective action requirements at dangerous waste management facilities in Washington. (See Section 

## vm for Corrective Action Program Implementation details). EPA will oversee implementation of the authorized State program in order to: ensure full execution of the requirements of RCRA; promote national consistency in implementation of the hazardous waste program; allow EPA to report to the President and Congress on the achievements of the hazardous waste program; and, encourage States and EPA to agree on desirable technical support and targets for joint efforts to prevent and mitigate environmental problems associated with the improper management ofhazardous wastes. Oversight will be accomplished by EPA through written reporting requirements (midyear and end-of-year reports), permit overview, compliance and enforcement overview, and annual review of the State's programs. To the extent feasible, EPA and Ecology will use Regional Sites 2

### Meetings as a means of informal communication for ongoing oversight of grant commitments. EPA will keep the State 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 will also provide general technical guidance to the State as agreed to in the annual work program. EPA will share with the State any national reports developed by EPA from the data submitted through State reporting requirements. EPA will provide the State with information (within its control) prior to public information releases, where such releases of information could impact the State's program or projects. EPA agrees to conduct its oversight of the Washington State Program in a manner consistent with the EPA Region 10 Oversight Policy and any subsequent StatelEPA agreed to oversight guiding principles and criteria. Nothing in this MOA, or in any attachments hereto or other documents or agreements referenced in this MOA shall be construed to restrict EPA's authority to fulfill its oversight obligations nor to contravene the requirements of 40 CFR Part 271. In addition, the following principles will apply:
Focus on Overall Performance- EPA will be concerned with the overall performance and environmental results achieved by Washington's Program. The oversight process will focus on individual procedures or actions only as indicators ofoverall program performance, or where actions involve significant national issues. Respect State Technical Judgments- EPA will respect thejudgments of State technical staff, unless statutory requirements call for direct EPA involvement in project decisions or the technical issue has significant policy implications.
Use Specific Performance Criteria- EPA will specify the criteria, after consultation with the State, that will be used to assess State program performance and include these annually in the Performance Partnership Agreement or negotiated work plans as appropriate. Useful oversight can occur only ifthe State and EPA understand in advance about specific standards of performance to be met and how success in meeting them should be measured. Emphasis on Strong, Informal EPA/State Relationships- EPA Region 10 has a unique ability, because of its Operations Offices, to rely on informal working relationships as an oversight mechanism. The use of formal written reports will be kept to the minimum necessary for the timely assessment and resolution of environmental problems and progress. Washington will also be encouraged to participate in the oversight of its own program throughjoint audits and to evaluate EPA's performance in providing assistance and meeting commitments. EPA will Retain Responsibility- EPA is responsible under statute for ensuring the consistent application and enforcement of national standards. If 

### direct EPA action is necessary to ensure that environmental laws are carried out, such action will be taken, with appropriate consultation with the State. HB 1010- Ecology will adhere to the interpretation of Washington HE 1010 contained in Ecology's letter to Washington's governor dated December 10, 1997, whereby Ecology deemed HBlOlO to have conflicts with the authorized RCRA program, and deemed those portions of HB1010 to be inoperable. 

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I I I 

### III. IMPLEMENTATION OF THE DANGEROUS WASTE PROGRAM ON THE PUYALLUP RESERVATION NON·TRUST LANDS
A. Responsibilities The State has primary authority for implementing its authorized program on the non-trust lands within the 1873 Survey Area of the Puyallup Reservation as defined by the Settlement Agreement, the Settlement Act, and where not provided therein as otherwise provided by Federal law. The authorized program does not extend to Indians or Indian activities within the 1873 Survey Area. EPA retains primary responsibility for implementing RCRA on the trust lands, and over Indians and Indian activities on the non-trust lands within the 1873 Survey Area. The authorized program does not extend to any other Indian lands or activities within the State. EPA agrees to initiate an appropriate mechanism to prevent anyauthority gaps when a person, as defined in WAC 173-303-040 or 40 CPR '260.10, who manages hazardous waste is affected by a changefrom State to Federaljurisdiction. The State and EPA agree to communicate all such jurisdictional changes to the Puyallup Tribe. EPA Region 10 will adhere to its EPA Indian Policy dated March 14, 1994, and its commitment to working with Federally recognized tribes ona government-to-government basis to enhance environmental protection.



### B. Implementation Strategy for Lead Regulatory Agency Changes The following is the agreed upon strategy for how the EPA and Ecology will share information and communicate alljurisdictional changes within the 1873 Survey Area of the Puyallup Reservation. A person who manages hazardous waste is required to notify the regulatory lead agency of a change pursuant to notice requirements for treatment, storage, and disposal (TSD) facilities at WAC 173- 303-805(7), WAC 173-303-810(14), or 40 CPR 270.30(1)(3); or through generator notification requirements pursuant to WAC 173-303-060(2),40 CPR 270.1(b) or 270.70(a)(1). Communication between EPA, Ecology, and the Puyallup Tribe will be maintained when a person who manages hazardous waste gives notice regarding land acquisition, changes of operator/owner, and/or affected activities that result in a change of the lead regulatory agency. 

### 1. 

### Implementation Strategy Protocol The following information and procedures will be used when a person who manages hazardous waste gives notice of a change that results in a change of the lead regulatory agency:
a. Within 15 working days from when the lead regulatory agency receives notice of a change, the notice will be shared with appropriate staffof EPA, Ecology, and the Puyallup Tribe. b. Based on the notification of change, the new lead regulatory agency will prepare a letter to the "notifier" identifying themselves as the new lead regulatory agency. This letter will be copied to the former lead regulatory agency and the Puyallup Tribe. 4

### c. The new lead regulatory agency will be responsible for updating the RCRIS database with corresponding data entry change requirements.



### 2. Permit Conditions Advance notification by the facility of any planned transfer in ownership interest or operational control at a permitted facility will assist EPA and Ecology. If, as a result of the transfer, thejurisdiction for the permit's lead regulatory agency changes, the new lead regulatory agency will determine, in accordance with applicable permitting requirements, whether to modify the existing permit or revoke and reissue the permit, or if there is cause, terminate the permit. The permit will identify the new lead regulatory agency. EPA will consider consistency with State law in decisions made at facilities and for generators for which EPA hasjurisdictional authority. The EPA and Ecology agree that all RCRA permits within the 1873 Survey Area of the Puyallup Reservation boundary, except for those on trust lands within the Survey Area, will include the following permit conditions: "In accordance with reporting requirements in WAC 173-303-81O(14)(c) and 40 CFR 270.30(1)(3), the Permittee will provide notice to the Director and the Regional Administrator prior to transfer of ownership interest or operational control of this permit to any person. The Director or the Regional Administrator may require modification, or revocation and reissuance of the permit, or incorporate other requirements as may be necessary in accordance with procedures in WAC 173-303-830 and 40 CFR Part 270 Subpart D." and, "EPA will become the regulatory authority if the facility's notice results in a State to Federal jurisdictional change. Ecology will become the regulatory authority if the facility's notice results in a Federal to Statejurisdictional change."



### 3. Cleanup Implications for Contamination Crossing Jurisdictional Boundaries On occasion, offsite contamination raises concerns for regulatory agencies. Therefore, whenever contamination from one parcel crosses boundaries of regulatoryjurisdiction and affects another parcel, notification will be made to EPA,Ecology, and the Puyallup Tribe. EPA and Ecology agree to provide each other with pertinent information to determine the best strategy for such affected parcels. In some instances, dualjurisdiction may exist. Both agencies intend to provide consistent environmental protection. The agencies will use protective cleanup approaches and levels as referenced in Federal or State law or guidance. Discussions between agency staff will be the starting point for all such decisions including active communication with the Puyallup Tribe.

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### IV. 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, this Agreement, and all applicable Federal requirements andpolicies, and for adequacy ofenforcement. 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 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 State. To ensure effective program review, the State agrees to allow EPA access to all files and other information requested by the Regional Administrator 

### Ofhis or her designee and deemed necessary by EPA for reviewing State program administration and enforcement. Review ofDepartment of Ecology files may be scheduled at quarterly intervals. Program review meetings between the State 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 discuss mutual program concerns. These meetings will be scheduled at least fifteen days in advance unless agreed to differently. EPA will prepare a tentative agenda for the meetings and will give Ecology a chance to review and add agenda items.



### B. Identification ofPriority Activities The State and EPA agree to develop, on an annual basis as a part of the State grant work program, criteria for addressing EPA-priority activities, including activities regarding handlers of hazardous waste. These criteria will be based on guidance issued by EPA in the annual Agency Operating Year Guidance 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 requiring corrective action work, facilities to be permitted, and enforcement against facilities with known or suspected ground-water contamination.



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### V. INFORMATION SHARING

A. General As the respective information needs of the State and EPA evolve, changes to this section ofthe 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 generally keep the State 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 will also provide to the State general technical guidance and training applicable to new regulations on an as-needed basis. EPA will share with the State any national reports developed by EPA from the data submitted through State reporting requirements. EPA will provide the State with information (within its control) prior to public information releases, where such releases of information could impact the State's program or projects.
2. The State and EPA have agreed to ajoint permitting process (see Section VI. D.) of this Agreement). Under this process the State and EPA have established policies and procedures by which each will pursue their respective and/orjoint responsibilities under HSWA. 

### The State and EPA agree to the sharing of information as specified in this MOA and the annual State grant work program. When requested by the State, information including, but not limited to, the following will be provided: 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; e. Notices of permit denials; f. 

### Emergency permits; g. Closure plans, clean.closure determinations, Notices of Deficiency (NOD), and closure equivalency 'determinations; h. Visual site inspection (VSI) and RCRA facility assessment (RFA) draft and final reports and remedy selection documents; and 1. 

### Notice of violation (NOV), notices to CERCLA off-site facilities, orders, independent reports and actions including enforcements, and citizen concerns. 3. EPA agrees to provide to the State copies of any reports and data, including enforcement sensitive information (see Sections C.S., C.6., and G.3. below), resulting from compliance inspections within sixty days of completion of the inspections. 

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### 4. EPA agrees to refer requests for assistance with obtaining an EPNState ID number to Ecology. EPA will forward any original ECY 030-5 forms received to Ecology within 10 working days. EPA will also contact any new notifier completing an EPA Form 8700-12 to let them know the correct form to complete and give the name of the State contact person within 10 working days. 5. EPA will make available to the State other relevant information as requested which the State needs to implement its approved program. Information provided to the State will be subject to the terms of 40 CFR Part 2.



### C. State 1. The State agrees to inform the Regional Administrator in advance of any proposed program changes that 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 andjudicial 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 in accordance with the provisions of 40 CFR 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 will include, but not be limited to, the following:
a. Compliance monitoring and enforcement information (see subsection on RCRIS below); b. Information indicating the status of the State's permitting, closure, post-closure, groundwater monitoring and corrective action activities (see subsection on RCRIS below); c. 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; and d. Additional reports as negotiated in the annual State work plan, and updated facility status information as necessary. 3. The State agrees to require new generators, transporters, and hazardous waste management facilities to obtain identification numbers consistent with the Dunn and Bradstreet Data Universal Numbering (DUN) system for businesses and General Service Administration Real Property Number, or equivalent, for governmental agencies. Pursuant to Section 3010 and according to agreements between EPA and Washington State, the State is responsible for receiving, processing, and verifying information on notification forms (Washington State Form 2) and for assigning EPA identification numbers. The State will receive andreview all new and revised notifications of dangerous waste activities and provide this information to the Regional Administrator within (20) working days of receipt.

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### 4. The State agrees to provide EPA with a copy of any decisions regarding requests made by hazardous waste handlers to change their classifications (e.g., requests to be deleted as generators but to retain facility status) and copies of facility requests to make 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. The State agrees to provide EPA with copies of enforcement actions upon request within 60 days of issuance and in accordance to the StatelEPA Compliance Assurance Agreement. 6. As a law enforcement agency the State agrees to treat enforcement sensitive information received and so marked by EPA in accordance with the State's Public Disclosure Act, chapter 42.17 RCW, which provides for exceptions ofinformation for public disclosure. 7. The State agrees to provide any pertinent information requested by the Regional Administrator or his or her designee within a mutually agreed upon time frame, as necessary for EPA to carry out its oversight responsibilities. Unless otherwise agreed upon, the above information will be sent to: Director, Office of Waste and Chemicals Management, EPA Region 10, 1200 6th 

### Avenue, Seattle, WA 98101-1128. 8. The State agrees to provide EPA with a copy of each State decision regarding variances and waivers at the time such requests are granted. Any request for a variance or waiver concerning a RCRA regulated waste will be sent to the Region 10 EPA office in Seattle for written comment before issuance. The department will respond in writing to any comments or concerns raised in the EPA review. All written responses will be provided to EPA before a variance or waiver in issued.



### D. RCRIS RCRIS is a national database developed by EPA to provide an automated information management system for the storage, tracking, and analysis of data relating to State and Federal hazardous waste program activities. The system is designed to provide information needed to support Ecology and Region 10 in implementing the Resource Conservation and Recovery Act (RCRA), as well as information .needed by Region 10 and EPA Headquarters for their oversight functions. EPA Region 10 and the Department ofEcology will follow the terms of the RCRIS Memorandum of Understanding (MOD). The purpose of the MOU is to define the terms and responsibilities for the management "Ofrequired data using the RCRIS system. Nothing in the RCRIS MOU will be interpreted to contravene the requirements of 40 CPR Part 271.



### E. Site Visits EPA is responsible for maintaining reliable national data on hazardous waste management. This data is used to report to the President and Congress on the achievements of the hazardous waste 9

### program and to support EPA's regulatory development efforts. Whenever EPA determines that it needs to obtain certain information, EPA will first seek to gain this information from the State. The State ofWashington 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 information 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.



### F. 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 will immediately notify by telephone the other party(ies) to this Agreement of the existence of such situation. The appropriate contact person for Ecology will be the HWTR Program Manager; his EPA equivalent will be the appropriate contact person for Region 10.



### G. Confidentiality 1. Any information obtained or used in the administration of the State program will be available to EPA upon request without restriction. If the information has been submitted to the State under a claim of confidentiality, the State must 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 CPR 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. Subject to the conditions in 40 CPR Part 2, EPA will furnish the State information submitted to EPA under a claim of confidentiality which the State needs to implement its program. All information EPA agrees to transfer to the State will be transferred in accordance with the requirements of 40 CPR Part 2. EPA will notify affected facilities when such information is sent to the State. The State will handle such information consistent with its authorized program and with the terms of this MOA. 3. Except for criminal referrals and court specified materials, EPA agrees to provide enforcement sensitive information to the State. Enforcement sensitive information may include information, written or otherwise, that concerns potential or pending enforcement action. When a formal enforcement action is taken, any document publicly filed and correspondence with the respondent, except for such documents and correspondence as would be entitled to privilege from discovery, is no longer considered enforcement sensitive. EPA will clearly indicate in writing which documents or other types ofinformation provided tothe State are enforcement sensitive at the time they are provided. EPA will also notify the State in writing when any document is no longer considered enforcement sensitive. For any document considered by EPA to be enforcement sensitive, EPA will exercise its discretion on whether to release that document.

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### VI. PERMIT ISSUANCE

A. EPA Permitting Upon authorization of the State program, EPA will suspend issuance ofFederal permits for hazardous waste treatment, storage, and disposal facilities for which the State is receiving authorization. If

### EPA promulgates standards for additional regulations mandated by HSWA that are not covered by the State's authorized program, EPA will issue and enforce RCRA permits in the State for these new regulations until the State receives final authorization for equivalent and consistent State standards. If

### EPA promulgates new standards requiring a permit modification, then EPA may, pursuant to 40 CFR 270.42(b)(6)(vii), extend the time period for final approval or denial of a modification request until such time that the State receives authorization for the new standards. At the time the State program is approved in the new areas, EPA will suspend issuance ofFederal permits in the State. At the time the State program is approved in the new areas, EPA and the State will develop a strategy resulting in the transfer of permits and permitting documents for those affected facilities. This strategy will include a timeline for transferring those permits and permitting documents to the State program and any pending permit applications, completed permits, or pertinent file information in conformance with the conditions of this Agreement. The State and EPA have agreed to ajoint permitting process (see Section VI.D. of this Agreement) for thejoint processing and enforcement of permits for those provisions of RCRA for which the State does not have authorization. As the State receives authorization for additional provisions of RCRA, EPA will suspend issuance of Federal permits in the State for those provisions.



### B. EPA Oversight of State Permits EPA's oversight function will focus primarily on those facilities identified by the State and EPA in the approved annual State Grant Work Plan and the State's Program Description. The State and EPA will usually reach concurrence on permit conditions prior to issuance of the draft permit or approval of proposed permit modifications. EPA may comment in writing on any draft permit or proposed permit modification, within forty-five days of its receipt, whether or not EPA commented on the permit application. EPA agrees that it is desirable to have a communication point of contact in working through the draft permit. For all RCRA permit actions written and issued on TSD facilities by the State of Washington, there will be three opportunities for EPA review: 1) The first opportunity for review will be of the draft application submitted by the TSD facility prior to completeness determination by the State. EPA will review the draft application to aid in determining if all appropriate technical information has been provided. The purpose of this review is to avoid a situation where a permit is drafted and then cannot be issued due to a lack of information or inadequate information in an application. EPA's review comments will include the following: 1) ajustification, based on guidance or regulation, why additional or 11

### different information is necessary, and 2) a specific description of what changes need to be made in order to determine the application complete. These comments must be submitted in writing to the State in accordance with the application review schedule established by the State. 2) The second opportunity for review will be of the initial draft of the permit prior to the public notice process. This is an informal review, the primary purpose of which is to identify any issues concerning the intent of RCRA that should be resolved prior to the permit going to public comment. EPA will include in their comments the following: 1) a statement of the reasons for the comment (including the section of RCRA and the State regulations that support the comment); 2) the action 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). EPA will respond during this review period in accordance with the review schedule set by the State. 3) The third opportunity for review is the formal review of the draft permit during the public comment period. During this review EPA may comment in writing on any draft permit or proposed permit modification, whether or not EPA commented on the permit application. 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 will include in the comment: 1. A statement of the reasons for the comment (including the section of the State law or regulations that supports the comment), and 2. The actions that should be taken by the State in order to address the comment (including the conditions that the permit would include if EPA issued it). EPA will send a copy of its written comments to the permit applicant only in those cases where EPA and the State cannot reach agreement, pursuant to 40 CPR 271.19(b). EPA will withdraw such comments when satisfied that the State has met or refuted its concerns and will also provide the permit applicant with a copy of such withdrawal. The Regional Administrator and the Director will agree to meet at the request of the State in circumstances where comments by EPA on a draft or proposed permit are not sufficiently resolved by staff to allow issuance ofthe permit. If 

### the State believes that the terms imposed by EPA staff comments are notjustified because of specific conditions or circumstances, the request for meeting may be initiated by the Director. The Regional Administrator will respond to such request with recommended meeting date(s) or will concur with the Director's suggested date within ten (10) working days of receiving the Director's request. The Regional Administrator and the Director will make maximum effort to meet within twenty (20) days of the Regional Administrator receiving the Director's request. An agenda and briefing paper covering the issues needing resolution will be prepared by EPA and the State and both will be provided to the Regional Administrator and Director at least five (5) working days before the scheduled meeting.

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### Upon request by the State and within EPA's resources and expertise constraints, EPA may provide technical assistance for permit actions. This assistance could be in the form of using Region 10 staff, or EPA contractor(s), as agreed to in the approved annual State grant workplan. Under Section 3008(a)(3) of RCRA, EPA may terminate. a State-issued permit in accordance with the procedures of 40 CPR Part 124, Subpart E, or bring an enforcement action in accordance with the procedures of 40 CPR 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 CPR 271. 19(e) and any other applicable authorities.



### 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 subject to the authorized provisions of the State's program and will do so in a manner consistent with RCRA as amended by HSWA, this Agreement, all applicable Federal requirements, and the State's Program Description. The State agrees to issue, modify and reissue all permits subject to the authorized portions of the State's program in accordance with Chapter 34.05 RCW (Washington Administrative Procedures Act), Chapter 70.105 RCW (Hazardous Waste Management Act), and Chapter 70.105D RCW (Model Toxics Control Act), and to include as permit conditions all applicable provisions of Chapter 173-303 WAC (Washington Dangerous Waste Regulations). 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 consider all comments EPA makes on permit applications and draft permits. The State agrees it is desirable to have a communication point of contact in working through the draft permit. The State will satisfy or refute EPA's concerns on a particular permit application, proposed permit modification, or draft permit in writing before issuing the permit or making the modification.



### D. Joint Permitting Process Pursuant to Section 3006(g)(I), and in accordance with RCRA, as amended, EPA has the authority to issue or deny permits or those portions ofpermits to facilities in Washington State for the requirements and prohibitions in or stemming from RCRA, until the State's program is amended to reflect those requirements and prohibitions and authorization is received for the portion or portions of the program. EPA and Washington State hereby establish thisjoint permitting process for the Issuance of RCRA permits in Washington State. This joint permitting process is established in accordance with Section 3006 of RCRA. The administrative details of thejoint permitting process will be incorporated into the annual State grant work plan. The duties and responsibilities of EPA .and the State forjoint permitting, including worksharing agreements, will also be specified in the annual State grant work plan.



### 13

### The details of thejointpermitting process, as contained in the State grant work plan, will 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 RCRA, the specifics of the Joint Permitting Agreement as set in the annual State grant work plan will be amended to reflect the authorization. Amendment of this Memorandum of Agreement or the execution of a separate Memorandum of Agreement may be required for authorization of any of the provisions of HSWA.



### VII. PERMIT ADMINISTRATION
A. EPA EPA will administer the RCRA permits or portions of permits it has issued to facilities in the State until they expire or are terminated. EPA will be responsible for enforcing the terms and conditions of the Federal permits while they remain in force. When the State either incorporates the terms and conditions ofthe Federal permits in State RCRA permits or issues State RCRA permits to those facilities, EPA will terminate those permits pursuant to 40 CPR Part 270 and rely on the State to enforce those terms and conditions subject to the terms as agreed to in the StatelEPA Compliance Assurance Agreement, July 1997.


### B. State The State agrees to review all hazardous waste permits which were issued under State law prior to the effective date of this Agreement in accordance with 40 CPR 271. 13(d); and to modify, or revoke and reissue, such permits as necessary to require compliance with the amended State Program. The State will notify EPA of any permits not equivalent to Federal permit requirements, including any permits that have been issued but are pending administrative orjudicial appeal. Except for these non-equivalent permits, once EPA has determined that the State has fulfilled the requirements of 40 CPR 271.13(d), EPA will terminate the applicable Federal permit, or Federal portion of the permit, pursuant to the procedures in 40 CPR 124.5(d), notify the State that the permit is terminated, and no longer administer those permits or portions of permits for which the State is authorized. Where the State permit is not equivalent to Federal permit requirements, the State may modify, or revoke and reissue, its permit as necessary to require compliance with its authorized program in a manner consistent with RCRA as amended by HSWA. If

### the State does not modify, or revoke and reissue, a permit equivalent to the Federal permit, EPA will administer and enforce its permit until it expires or is terminated. Upon the effective date of an equivalent State permit, EPA will terminate the Federal permit pursuant to 40 CPR 271.8(b)(6) and 124.5 (d). EPA will notify the permittee by certified mail of its intent to terminate the Federal permit, and give the permittee 30 days in which to agree or object to termination of the permit. The State agrees to resolve all State permit appeals in a manner consistent with its authorized RCRA program. 14

### VIII. CORRECTIVE ACTION PROGRAM IMPLEMENTATION
A. General Corrective Action Policy As indicated in the Policy Section (Section II) of this MOA, the State and EPA have developed an innovative and precedent setting program for implementation of RCRA corrective action requirements at dangerous waste management facilities in Washington. Washington may 

### -irnplernentRCRA corrective action requirements using an enforceable order or decree issued pursuant to the State cleanup authority, the Model Toxics Control Act (MTCA) and its implementing regulations in Chapter 173-340 WAC (for specific details, see Federal Register November 4, 1994,59 

### FR 55322, which is attached as Appendix A to this MOA).



### B. Coordination with EPA and Transition from Federal Administration to State Administration of Correction Action This section sets forth the manner in which the State will coordinate with EPA in administering the State corrective action program. The State program is and will be administered by Ecology. The State and EPA agree that consistent coordination and communication is important to successful implementation of a corrective action program. In order to foster such coordination and communication, EPA and Ecology intend to inform each other as early as possible of anticipated or pending corrective action orders. At a minimum, anticipated Federal and State actions will be coordinated through annual negotiations of the State grant workplan and periodic sites meetings. On November 4, 1994, the State began to administer and enforce RCRA corrective action requirements within the State of Washington. EPA actions which fall under the Federal omnibus authority of Section 3005(c)(3) of RCRA, 42 U.S.c. § 

### 6925(c)(3), and/or which are Federal enforcement authorities, including actions issued pursuant to Sections 3008(h), 3013, or 7003 of RCRA, 42 U.S.c. §§ 

### 6928(h), 6934, or 6973, continue to be administered by EPA. In addition, HSWA amendments for which the State has not been authorized continue to be administered and enforced by EPA.


### C. 

### RCRA Facility Assessments (RFAs) A RCRA facility assessment is typically the first step in implementation of corrective action requirements. The State and EPA agree that the purpose of a RCRA facility assessment is to identify all solid waste management units at a facility and to evaluate those units in terms of releases or potential releases of hazardous waste and/or hazardous constituents. The State agrees that all State-conducted RCRA facility assessments will include a preliminary review of available information of the facility and a visual site inspection to confirm historical information and to inspect for evidence of releases. If

### releases 

### areobserved or suspected, a sampling visit may be conducted to assess contamination. Ecology agrees to perform or provide for a RCRA facility assessment at all facilities seeking or required to have a permit under RCRA. EPA and Ecology agree to negotiate schedules for the State to implement RCRA facility assessments for facilities subject to 

### RFAs during annual negotiations of the grant workplan. 15

### D. Corrective Action Implementation Process The corrective action implementation process includes the following tasks:

• Investigation of releases;

• Characterization of releases, potentially contaminated media, and routes of exposure which may affect human health and the environment; • Study of potential releases; • Study of potential corrective measures;

• Planning of corrective action measures;

• Selection of clean up standards, corrective measures, and enforceable performance standards that ensure the effectiveness of the remedy, after allowing for public participation in the selection process;

• Implementation of corrective measures;

• Monitoring of the long-term effects of corrective measures. The corrective action implementation process may include additional tasks. Ecology has authority under Chapter 70.105 RCW and/or Chapter 70.105D RCW to compel owner/operators of RCRA facilities to complete all corrective action process tasks identified above.



### E. Corrective Action Financial Assurance The State and EPA agree that requirements for corrective action financial assurance benefit regulatory agencies by ensuring that adequate resources are available to complete corrective actions. EPA and the State agree to implement these requirements in order to compel owner/operators of facilities subject to corrective action to fulfill their corrective action obligations. Ecology has promulgated regulations at WAC 173-303-646(2) that require financial assurance for corrective action activities at dangerous waste management facilities. Ecology agrees to require financial assurance for completion of corrective action activities in accordance with WAC 173-303-646(2) and/or WAC 173-340-440(6) to fulfill the requirements of WAC 173-303-646.



### F. Public Participation in Corrective Action Remedy Selection The State and EPA Region 10 agree that adequate provisions for public participation in corrective action·remedy selections are an integral part of the corrective action program, that regulatory agencies have a responsibility to provide for adequate and meaningful public participation opportunities. Federal implementation of corrective action provides for public participation in corrective action remedy selections. Ecology has public participation provisions in the Dangerous Waste Regulations and in the Model Toxics Control Act Regulations. Ecology agrees to provide for public participation, including public participation in selection ofcorrective action remedies, which, at a minimum, includes the following: • Public Mail Out. Ecology agrees that public notice will be mailed to persons who reside within the potentially affected vicinity of the proposed corrective action remedy. The public will be given a minimum of thirty (30) days to provide comment on the proposed corrective action remedy, unless other authorized program requirements are applicable. 16

### • Newspaper Notice. Ecology agrees that notice ofthe proposed corrective action remedy will be published in the newspaper ofthe largest circulation in the city or county ofthe proposed action by display ad, legal notice, or other appropriate format, Notice ofthe proposed corrective action remedy will concurrently be mailed to any other news media that Ecology determines to be appropriate. The public will be allowed a minimum ofthirty (30) days to provide comment on the proposed corrective action remedy, unless other authorized program requirements are applicable.

• Public meeting. Ecology agrees that if, during the public comment period, ten or more persons request a public meeting on the proposed corrective action remedy, Ecology will hold a public meeting for the purpose of receiving public comments.


### G. Cleanup Standards and Levels, and Remedy Selection The State and EPA agree that consistent, environmentally protective cleanup standards and levels are essential to the success of a corrective action program. The State and EPA agree that consistency between environmental agencies in application of available cleanup standards and levels is preferred. EPA and Ecology agree that the Model Toxics Control Act Regulations establish minimum State cleanup standards ofcumulative carcinogenic risk no greater than 

### 10-5 ; 

### risks from individual carcinogens at no greater than 

### 10-6 

### for residential sites and 

### 10-5 

### for industrial sites; and for non-carcinogenic substances with similar health effects, a hazard index ofno greater than (1) 

### may be used to fulfill the requirements ofWAC 173-303-646(3). Ecology will establish site and media specific corrective action cleanup levels and select final corrective action remedies using the MTCA cleanup standards. The State agrees that site specific cleanup levels will, at a minimum, be no less stringent than those required under RCRA. The State and EPA acknowledge that as ofthe effective date ofthis MOA, RCRA and the regulations promulgated thereunder require corrective action provisions be included in RCRA permits as necessary to protect human health and the environment, but do not contain provisions for media specific cleanup standards or levels. The State and EPA agree that in the absence offinal media specific cleanup levels under RCRA, State cleanup levels will be evaluated against the proposed media protection standards calculated pursuant to proposed 40 C.F.R. § 

### 264.525(d) (located in draft Subpart S). In 

### the event that EPA promulgates final cleanup levels applicable to RCRA, the State will ensure that the State cleanup levels will, at a minimum, be no less stringent than those required under RCRA, in accordance with the applicable authorization requirements. The State and EPA agree that site and media specific cleanup levels calculated using the MTCA cleanup standards may be more stringent than Federally calculated cleanup levels. In the case of Federally overseen corrective actions where achievement ofFederally selected final remedies does not achieve compliance with MTCA cleanup standards, the State may require additional cleanup under independent State authority. In 

### order to minimize circumstances where sequential and potentially duplicative cleanups may be necessary, EPA intends to consider the media protection standards established pursuant to the MTCA regulations when selecting corrective action remedies. EPA further intends to provide opportunities for Ecology to participate in the Federal peer review panel for final corrective action remedy selections. 17

### H. Coordination ofState and Federal Actions The State and EPA agree that consistent coordination and communication between regulatory agencies is important to successful implementation of a corrective action program. In order to foster such coordination and communication, EPA and Ecology intend to inform each other as early as possible of anticipated or pending corrective action orders. At a minimum, anticipated Federal and State actions will be coordinated through the annual negotiations of the annual State grant workplan and periodic sites meetings.


### I. Applicable, Relevant and Appropriate Requirements (ARARs) The Model Toxics Control Act, pursuant to WAC 173-303-646(3), contains provisions for incorporating applicable, relevant and appropriate requirements ("ARARs") from other laws into cleanup decisions. Ecology' will use the ARAR process to the extent required by RCW 70.105D.030(2)(d) and WAC 173-340-710 to fulfill the requirements of WAC 173-303-646(3). Ecology intends to use the ARAR process under MTCA constructively, and will not allow application ofMTCA ARARs to unduly delay issuance of RCRA orders or permits.


### J. Corrective Action Requirements in State Issued Permits The State agrees to specify corrective action requirements and schedules ofcompliance for corrective action into all State issued dangerous waste management permits. Corrective action and schedules of compliance for corrective action will be either incorporated into permits by reference at the time of permit issuance, orbe incorporated into existing permits as permit conditions using the permit modification process. All permits issued by EPA prior to final authorization of the State for corrective action will continue to be administered by EPA until the issuance, or reissuance after modification, of the State permit. Upon the effective date of the issuance, or reissuance after modification, of the State permit to . incorporate authorized State requirements, those EPA-issued permit provisions for which the State is authorized to administer and enforce will expire. HSWA provisions for which the State is not authorized will continue in effect under the EPA-issued permit.


### IX. OTHER FEDERAL LAWS THAT MAY APPLY TO ISSUANCE OF PERMITS EPA retains responsibility for administration and/or enforcement of other Federal laws that may apply to the issuance of permits (see 40 C.F.R. § 

### 270.3). EPA and the State agree to coordinate to the greatest degree possible any permit actions to which the following laws may apply: The Wild and Scenic Rivers Act, 16 U.S.c. § 

### 1273, et seq.; 

### the National Historic Preservation Act of 1966, 16 U.S.c. § 

### 470, et seq.; 

### the Endangered Species Act of 1966, 16 U.S.c. § 

### 1531, et seq.; 

### (including the consultation provision of Section 7); the Coastal Zone Management Act, 16 U.S.c. § 

### 1451, et seq.; 

### and the Fish and Wildlife Coordination Act, 16 U.S.c. § 

### 661, et seq. 

### The State agrees that, at a minimum, EPA will be made aware of anticipated State actions through annual negotiations of the grant workplan and periodic sites meetings.
18

# x. COMPLIANCE MONITORING AND ENFORCEMENT The State ofWashington has primary responsibility for compliance and enforcement actions within the approved State program and under State statutory and regulatory authority. EPA retains responsibilityfor ensuring fair and effective enforcement of Federal requirements and a credible national deterrence to noncompliance through an effective StatelFederal partnership and an oversight role. The State and EPA agree that the following elements are helpful for an effective enforcement and compliance monitoring program under final authorization: 1) clear oversight criteria specified in advance for program performance evaluation: 2) clear criteria for direct Federal enforcement specified in advance with written procedures for advance consultation and notification; and, 3) adequate State reporting to ensure effective oversight.


### A. EPA Nothing in this Agreement will restrict EPA's right to inspect any hazardous waste generator, transporter or 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 a release of hazardous waste or constituent.

.Before conducting an inspection of a generator, transporter or facility, the Regional Administrator will normally give the State at least ten (10) days notice of the intent to inspect, unless EPA has reason to believe that the situation may pose significant harm to human health and/or to the environment, and as agreed to in the StatelEPA Compliance Assurance Agreement. Should EPA choose to conduct independent oversight inspections, EPA will give an Ecology representative a minimum of ten (10) working days written notice of its intent to do so and will give the Department ofEcology an opportunity to attend. The frequency ofEPA oversight and training inspections will be specified in the annual State grant work program. EPA will negotiate on an annual basis with the State the number or percentage of the State's compliance inspections on which EPA will accompany the State. ' If

### EPA has a concern about a particular facility or compliance situation, 'they will request that the Department perform an inspection, and fifteen (15) working days prior notice will be the standard business practice. This notice may be oral initially, but will be provided to Ecology in writing at least ten (10) working days in advance of the date that EPA would conduct an inspection. If

### the State performs a compliance inspection and submits to EPA a report and data relevant thereto within that time, no EPA inspection will be made, unless the Regional Administrator has reason to believe that there is an imminent hazard to human health and the environment or 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. For purposes of oversight compliance inspections and enforcement, EPA will maintain a policy of "no surprises" to ensure the productive use of limited State and Federal resources and an effective "partnership" in achieving compliance. This principle should be applied to all aspects ofthe compliance and enforcement program; covering inspections, enforcement activities, press releases, and public information, and management data summaries upon which State and national

. performance are assessed. In order to guarantee that there is ample advance notification, EPA

agrees to confer with the State to establish agreement in writing and reach a clear, consistent understanding on the following matters: a) Advance notification of intended inspections and 19enforcement actions; b) Specific identification ofwho will be notified; c) How the notification will be done; d) When the notification will occur; and, e) Define the process for StatelFederal consultation and dispute resolution on enforcement actions and policy and regulatory interpretation. The written agreement established on the above matters is the "StatelEPA Compliance Assurance Agreement", and it is hereby incorporated by reference into this Memorandum of Agreement. The intent ofthe compliance assurance agreement is to provide a basis for implementing an effective StatelFederal enforcement relationship. The compliance assurance agreement identifies oversight criteria, standards for assessing compliance and enforcement performance standards, protocols for notification, consultation, overfiling on RCRA enforcement matters, and State reporting. This compliance assurance agreement also delineates the relationship ofthe State compliance assurance policy to the compliance strategy and the compliance assurance agreement itself. The objective of the compliance assurance agreement is to maintain a stable, predictable, and coordinated compliance and enforcement presence and the objective must be consistent with the requirements of 40 CPR Part 271.
EPA also agrees to infonn the State in writing in a timely manner of any national or regional policy changes or program direction changes and will generally allow the State a minimum of ninety (90) days to implement those changes. EPA 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 upon determining that the State has not taken timely and appropriate enforcement action or upon request by the State. Prior to issuing a compliance order under Section 3008(a) EPA will give notice to the State. EPA also retains its rights to issue orders and bring actions under Sections 3008(h), 3013 and 7003 of RCRA and any other applicable Federal statute. After notice to the State, EPA may take action under Section 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 action under Section 3008 ofRCRA against a holder of a Stateissued 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 As a part ofthe Regulatory Reform Act of 1995, the Washington State Legislature adopted ESHB 1010, codified at Chapter 43.05 ofthe Revised Code ofWashington (RCW). Portions of Chapter 43:05 RCW limited Ecology's authority to issue penalties 

### incertain circumstances. See RCW 43.05.050 through .070. These limitations threatened the validity ofWashington's Dangerous Waste Program because Ecology's authorization is dependent upon its program being at least as stringent as the Federal RCRA program. To ensure that Washington's Dangerous Waste Program is as stringent as the Federal RCRA program, Ecology determined pursuant to RCW 43.05.901 that .the limitations ofEcology's authority to issue penalties in RCW 43.05.050 through .070 would not apply to the portions ofthe State Dangerous Waste Program that implement Federal RCRA 20requirements. Notice was sent to the Governor and the Legislature as required by RCW 43.05.901 on December 10, 1997. Accordingly, Ecology has resolved any issues raised by Chapter 43.05 RCW concerning this authorization request by agreeing to abide by Ecology's interpretation of Washington's ESHB 1010 contained in Ecology's letter to Washington's governor, dated December 10, 1997. The State agrees to carry out a timely and effective program for monitoring compliance by generators, transporters, and facilities with applicable program requirements (see 40 CPR 271.15). As part of this program, the State will conduct inspections to assess compliance with generator and transporter standards (including manifest requirements), facility standards, permit requirements (including late or deficient Part B applications), compliance schedules, and all other program requirements. Compliance monitoring activities and priorities will be specified in the StatelEPA Compliance Assurance Agreement and the annual State grant workplan and will be consistent with all applicable Federal requirements and with the State's Program Description. The State agrees to take timely and appropriate enforcement action as defined in: the StatelEPA Compliance Assurance Agreement; the HWTR Compliance Assurance Policy (Policy 3.1, effective date: June 19, 1997) and its related attachments; and/or, as 

### definedin the annual State grant workplan. The State will maintain procedures for receiving and ensuring proper consideration or information about violations submitted by the public.
In civil enforcement proceedings, the Department agrees not to oppose intervention allowed under Civil Rule for Superior Court 24, on the grounds that the applicant's interest is adequately represented by the State. The State agrees to retain all records for at least three years unless there is an enforcement action pending. The State agrees to provide all records to EPA upon request. Ifthere is an enforcement action pending, all records will be retained until such action is resolved.



### XI. AVAILABILITY OF INFORMATION (Section 3006(0)
A. General Section 3006(f) of RCRA requires that an authorized state provide 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 ifthe Administrator were carrying out the provisions ofthis subtitle in the state.


### B. 

### Requests for Information 1. Pursuant to the Federal Freedom ofInformation Act (FOIA), 5 U.S.C. 552(a)(2), the State agrees to make certain materials routinely available without a formal FOIA request. Examples of these materials are final opinions or orders in case adjudication, State regulations, statements of Agency policy, and administrative staffmanuals affecting the 21

### public. In addition, records prepared for routine public distribution will also be made available. Examples of such records are press releases, copies ofspeeches, pamphlets, and educational materials. 2. The State Agency agrees to make reasonable efforts to assist a requestor in identifying records being sought, and to help 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 to notify the requestor of Statejudicial (or, if they exist, administrative) procedures, including statutes of limitation. 4. The State agrees to make the fullest possible disclosure ofrecords to the public, subject to any of the exemptions under the Federal FOIA recognized by the State. 

### 5. A reduction or waiver offees will be considered in connection with each request from a representative ofthe

### press or other communicatiori medium, or from a public interest group. The State agrees to reduce or waive the fee ifit determines that a reduction or waiver ofthe fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public

..


### C. Confidentiality of Business Information If 

### a claim ofconfidentiality is asserted and cannot be resolved in the time period provided for an agency response to a request, the State agrees to notify the requestor of the confidentiality claim within the maximum 20-day time limit provided for an agency response. In addition, the requestor will be told that the request was denied in order to resolve the business confidentiality claim. Ecology agrees that notices ofdenial ofpublic disclosure will include discussion of applicable judicial appeal procedures. State law does not establish a statute of limitations on appeals, so notices of denial will not discuss statutes oflimitations. Ecology agrees to maintain a log or file of such denials of requests for information.



### D. Oversight 1. The State agrees to keep a log ofdenials ofrequests 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 Section 3006(f).

22

### XII. DISPUTE RESOLUTIONS The following dispute resolution applies to the entire MOA and supersedes the Corrective Action addendum, dated October 17,1994. These revisions reflect the current EPA Region 10 organization structure. No resolution ofany dispute is allowed to conflict or contravene with the requirements of 40 CPR Part 271. The State and U.S. EPA Region 10 agree to pursue informal, staff-level dispute resolution to the maximum extent possible. 

### In cases where informal, staff level dispute resolution is not effective, a straightforward formal dispute resolution procedure will be used. WheneverEPA or State personnel directly involved in the implementation of this agreementjudge that a problem exists or that this agreement is not being followed, the'issue should be resolved at the State ProgramManager and the EPA Office Director level. If the State Program Manager and the EPA Office Directorcannot reach agreement, the issue will be elevated to the Director of the Washington Department ofEcology and the Regional Administrator of the U.S. EPA Region 10 for final resolution. When necessary, the U.S. EPA Region 10 Office Director for the Washington Operations Office will be responsible for coordination of the dispute process and for preparing any necessary documentation.


### XIII. PROVISIONS FOR MODIFICATION OF THE MOA This agreement may be modified upon the initiative of either party to ensure consistency with State or Federal program modifications or for any other purpose mutually agreed upon. As final authorization is achieved for the 1984 amendments to the Hazardous and Solid Waste Act (HSWA) and future amendments to RCRA, these will be incorporated into this Memorandum of Agreement, along with any necessary changes to State statutes, regulations, the State program description, and Attorney General's statement. Until the State is authorized for the 1984 HSWA and any future amendments, EPA will retain responsibility and authority for the amendments. Any revisions or modifications must be in writing and must be signed by both the Director and the Regional Administrator.



### XIV. DISCLAIMER This agreement and any procedures established to implement this agreement do not constitute rulemaking under 5 U.S.c. Sections 551 

### et. seq. or under chapters 70.105, 70.105B, 70.105D and 90.48 RCW, and may not be relied upon by any person to create a right or benefit, substantive or procedural, enforceable at law or in equity by any person.

# ~.e~~ 

# f/2q3£ U.S. Environmental Protection Agency Region 10 Regional Administrator

Date:

__---L.+-'E:...+T-L-L...

_ State of Washington Department of Ecology Director



### 2355322 

## .. Federal Register I Vol. 59, No. 213 I Friday, November 4, 1994 I Rules and Regulations



# i 

# l. authorized under the federal RCRA

, statute. RC\,\, 70.105.130 designates

Ecology as the agency taskedwith implementing the authorized RCRA program and provides Ecology with the authority to establish a permit system ' for owners or operators of facilities

- which treat, store, or dispose of dangerous waste. RCW 70.105.020 authorizes Ecology to revise and modify tbe Dangerous Waste Regulations. Statutory authority for MTCA is also found in RCW Chapter 70.105D. ROV 70.105D.030(2) authorizes Ecology to adopt rules to set cleanup standards for remedial actions taken .under MTCA authority. RCW 70.105D.050(1) explicitly grunts Ecology the authority to issue orders under MTCA to direct potentially liable parties to conduct remedial action.

Washington may compel corrective action by issuing orders pursuant to MTCA to owners and operators of facilities seeking or required to have a permit to manage dangerous waste. Such orders are referred to as "state corrective action orders", State corrective action orders will be somewhat hybrid, presenting RCRA corrective action requirements ill tht! context of a state "superfund-Iike" cleanup. EPA emphasizes that corrective action requirements are not being deferred to a state superfund- like authority; rather, the state authority will be used to compel RCR.-\. corrective action requirements. In order to fulfill the RCR.\ Section 3004 (u) andtv) requirement that all RCR.'\ permits must include corrective action permit conditions, state corrective action orders will he incorporated into RCRA permits issued pursuant to the authorized State program permitting regulations. '

Washington's corrective action program would allow corrective action to be speci fied through the term's of a State-Issued order which is incorporated by reference into operating or postclosure permits issued to facilities. The State could: 1) issue the order in advance ofthe permit: 2) modify the permit to incorporatethe order; or 3) simultaneously issue the order and the permit with the order incorporated into the permit. Under the Washington program, a Stateorder would be considered to be part ofthe authorized RCRA program only when the order is incorporated into an existing RCRA permit. or when the order is issued simultaneously with and incorporated by reference into a new RCRA permit. Revisions to State hazardous waste programs are necessary when Federal or State statutory or regulatory authority is 'modified or when certain other changes occur. Most commonly, State program revisions are necessitated by changes to. EPA's regulations in 40 CFR parts 124, 260-266, 268 and 270. ' 40 CFR Part 271

Washington: Final Authorization of State Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency.

. ACTION: Immediate final rule.**[FRL~S9-5]**

SUPPLEMENTARY INFORMATION: 

# J ENVIRONMENTAL PROTECTION AGENCY

B. State ofWashington The State of Washington initially received final authorization on january 31, 1986. The State ofWashington

. • received authorization for revisions to its program on November 23, 1987 (52 ' FR35556. 9/22/87) and on October 16, 1990 (55 FR 33695. 8/17/90). On January 12,1994, the State of

, Washington submitted a program

revision application for additional program approvals. On March 30, 1994, EPA published a proposal to approve the State of Washington's application for program revision in accordance with 40 CFR 271.21((>)(4).

EPA has reviewed the State of Washington's application, and has made a final decision that Washington's hazardous waste program revision: satisfies all of the requirements necessary to quali fy for final authorization. Consequently, EPA is granting final authorization for the additional program modifications to Washington's hazardous waste program. Attachments 1, 2, 5, 6. 8-17 and Appendices 1-4 of the State's , application areprovided for information onl)'. C. Washington's Corrective Action Program

The State of Washington's authorized RCRA program is set forth in Chapter 173-303 of the Washington A. Background Administrative Code (WACl. entitled

Slates with final authorization under "Dangerous Waste Rcgulatious". The section 300G(b) of the Resource Dangerous Waste Regulations include Conservation and Recovery Act, as both authorized and non-authorized amended ("RCR.A."), 42 U.S.c. 6929(b), requirements. Washington has amended have a cantinuing obligation to maintain the Dangerous Waste Regulations to .a hazardous waste program that is include corrective action requirements; equivalent to, consistent with, and no however, Washington may also rely on less stringent than the Federal. its existing state "superfund-like" ' hazardous waste program. In addition. cleanup authority. Model Toxics as an interim measure, the Hazardous Control Act (MTCA), 'and its and Solid Waste Amendments of 1984 implementing regulations in Chapter to RCRA (Public Law 98-i>16, November 173-340 entitled "Model Toxies Control 8,1984, hereinafter "HSWA") allows Act Cleanup Regulation", to implement States to revise their programs to •

- corrective action requirements and to ' become substantially equivalent instead compel corrective actions. of equivalent to RCRA requirements The statutory authority for the promulgated under HSWA authority. Dangerous Waste Regulations is found States exercising' the latter option in the Revised Code of Washington, .: '

• receive "interim authorization" for the' '(RCW). Chapters 70.105 and 70.1050. HSWA requirements under section ,RCW 70.105D,030(1)(d) is the statutory

. 3006(g) of RCRA. 42**U.S~C.6926(g).** and provision which allows the State of

, later apply for final authorization for the Washington Department of Ecology HSWA requirements. (Ecology) to carry out all state programs 

# l'

SUMMARY: The State**~f** Washington has' applied for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has reviewed the State of Washington's application and has reached a decision that the Stateof Washington's hazardous**was·i.~program** revision satisfies all of the requirements necessary to qualify for final ' authorization. Thus, EPA is granting final authorization to the State of Washington to operate its expanded program. subject to the authority retained bv EPA in accordance with the

........ Hazardous and Solid Waste

, • Amendments of 1984. EFFECTIVE DATE: Final authorization for the State of Washington shall be . effective November 4,1994. ' FOR FURTHER INFORMATION CONTACT: Patricia Springer, U.S. EPA, MIS: HW107,1200 Sixth Avenue, Seattle, Washington 98101, Phone (206) 553:'" , 285R., Federal Register I Vol. 59, 

### No. 213 I Friday, November 4, 1994 I Rules and Regulations 55323
D. Comparison ofWashington's. Corrective Action Program to the Federal Program

.

Ordinarily, States await promulgation. of Federal regulations prior to submitting their applications. However, there is no impediment under the RCRA statutory provisions which would bar a State from seelcing authorization of a program in advance of Federally

. promulgated regulations provided the State bases its program on existing Federal statutory language. An existing Federal counterpart is the critical nexus in the authorization program.

Washington's corrective action program goes slightly beyond the EPApromulgated. regulations (see 40 CFR

. 264.100. and 264.101) which implement the statutory provisions of sections 3004(U) and (v) of RCRA, 42 U.S.c. 6924(u) and (v), in which facilities seeking a permit are required to undertake corrective action for all releases ofhazardous waste or. constituents from any solid waste management unit (SWMU) and to undertake such corrective actions

. beyond the property boundary where

. necessary. Washington's program will instead utilize its existing Superfundlike cleanup order authority (the Model

. Toxics Control Act) through the State's authorized RCRA program by linking the cleanup order authority with the State's authorized RCRA program permitting requirements to fulfill the mandates of sections 3004(u) and (v) of RCRA, 42 U.S.C. 6924(U) and (v).

. The statutory language of Section 3004(U)ofRCRA applies to corrective action at solid waste management units. Although no statutory or regulatory definition of "solid waste management. unit" has been promulgated, EPA's proposed Subpart S corrective action rule, published in the Federal Register on July 27, 1990 (55 FR 30798), contains EPA's most current interpretation of key terms in section 3004(U) of RCRA. This is and will be the controlling interpretation against which Washington's regulatory definition of solid waste management unit shall be measured until EPA codifies a statutory or regulatory definition.

The statutory language of section 3004(u) of RCRA also applies to

."facilities seeking a permit." Such facilities include those hazardous waste management facilities which are required to obtain permits to operate and to those subject to post-closure permits: EPA has interpreted this language to mean that corrective action must be specified in operating or postclosure permits issued to such facilities.

State corrective action orders will be issued to facilities subject to the Washington State Dangerous Waste Regulations, codified in the Washington Administrative Code (VVAC) in Chapter 173·303, but these orders will rely in part on the State of Washington's Model Toxics Control Act (MTC.'\) statutory and regulatory provisions and will require current owners and operators of SWMUs to conduct: corrective action at those units in accordance with the Dangerous Waste Regulations.

EPA is not delegating RCRA section 3008(h) authority [42 U.S.C. 6928(h)j as part of this authorization. No Federal enforcement authorities are delegated when EPA authorizes state programs under section 3006 of RCRA.

Any orders issued to a facility under MTCA will not be considered to be part of the EPA-authorized corrective action program unless and until they are incorporated into a RCRA permit. Terms oftheorders which go beyond the scope ofthe authorized Dangerous Waste regulations will beconsidered broader in scope, and thus not Federally enforceable. Federal enforceability does not affect the ability of the State to impose requirements pursuant to their' legitimate State statutory authorities or to enforce those requirements in lawfully-issued orders or permits

..

Some portions ofWashington's revised program are broader in scope than the Federal program, and thus are not Federally enforceable. Due to Washington's statutory mandate to address all releases of hazardous substances, Washington has developed corrective action tequirements which are, in part, broader in scope than the Federal corrective action requirements in ReRA Section3004(u), in that dangerous waste management facilities in Washington will be required to conduct corrective action as necessary to protect human health and the environment for all releases of dangerous waste and dangerous constituents at or from the facility, regardless of the source of the release,

Some portions of Washington's revised program are more stringent than the Federal program. The requirement to implement corrective action for releases which have migrated beyond the facility boundary is more stringent than the Federal requirement, in that it is not limited by the "best efforts" language in the Federal requirement.

.

To clarify, Washington will be authorized for the following provisions as part of this authorization (see State Authorization Checklists 17L, 38, 44A, 448, 121): Federal requirement Slate authority RCRA Corrective Action Program Corrective Action (SO FR 28702, 7/15/85): .'

_ Applicability: SWMU, 40 CFR §264.90(a) . , . SWMU. 40 CFA§ 2t54.1 01(a) ._._._ _ _..: _ _ . Specified in permit, 40 CFR §264.101(b)

_ __ z: .

.Permits by rule: UIC permits issued atter 11//8184. 40 CFA §270.60(b)(3) ._

.. NPDES permits issued atter 11/8184, 40 CFA §270.60(c)(3) .: _ __ . Permit Application [52FR 23447 (6122187)); [52 FR 33936 (919187)); [52 FA 45788 (1211/87)): ContentsofPart B 40 CFA§ 270.14(c)

_ __ _ _ _ .. 40 CFR'§270.14(c)(7) : _._ _.;; _:

_ _ . 40 CFR§ 270.14(c)(8)(v)

__ , ., ;

_ . 40 CFR. §270.14(d) _

__ __._ : _._.__.__._.. ...:..._ __ _. Corrective action beyond tI1efacility boundary [52 FA 45788 (1211187)): 40 CFR §264.100(e) _

_ __ _ .._ _.: _ _.

__._._ _ _ __ _ _ _ _ . 40 CFR §264.1 01(e) ._ :

_ _._ :. __.._ _.._
__ _ __ Corrective Action Management Units.(CAMU) (58 FA 8658 (2116193)):

. Definitions:' ."

. '. Facility to inclUde'an contiguous Pfoperty, 40 CFA §260.10

..:..._;'-

_ : _ _._ _ _ .. CAMU. 40 CFR §§ 260.10, 264.101, 270.2 _._ _ _ __..'-_. landfill and miscellaneous unitto include CAMU, 40 CFR §260.10

_ _ _ _. Aemediation wastes to iocIude all so6d aod hazardous waste and aD meda and debris. 40 CFR

## ~~*Lr~itY::4O CFA§268.2(C).

_ .......

## _.~ __

## .~..:..:.-_~._ ..... "'••

__

## .:..~_ ... _._ ......

## _~ .....:... WAC 173-303-645(1 )(a)(ii). WAC 173·303-Q46. WAC 173-303-Q46(2)(c)

. WAC 173-303-802(3).

. WAC 173-303-802(4)(c)(viii). WAC 173-303-806(4)(a)(xx). WAC 173-303-806(4)(a)(xx)(G). WAC**173-30~06(4)(a)(xx)(H)(iii).** WAC 173-303-806(4)(a)(xxiiQ. WAC 173-303-645(11 )(e). WAC 173-303-646(2)(b),.
WAC 173-303-040. WAC 173-303-040. WAC. 173-303-040. WAC 17'3-303-040.

. ........ '.**WAC1~.**Federal Register I Vol. 59, No. 213 I Friday, November 4, .1994 I Rules and Regulations 55324

WAC**173-3~6(2)** & (4)(a)'; WAC 173-303-646(6). ..' WAC**173-30~6(5)(a).** WAC**173-30~6(5)(e)** .. WAC**173-30~6(5)(1).** WAC 173-303-646(5)(g); WAC

173-303-830. WAC**173-30~OO(2)(a)** . WACH3-303-646(2)(a) 

### &..lc::1;,. Federal requirement InterimStatus s&andards apply in lieu 01 40 CFR 264 standards; 40 CFR § 264.3

.. , . . Conective action lot' SWMU wiD be specified in permit, including schedules of compliance, 40 CFR ,§264.101.. "; Designation Requirements lor CAMU: Designated lor implementing remedies, 40 CFR § 264.552

_ -'

. Designation01 regulated unit as CAMU, 40 CFR § 264.552

. Designation willlacilitate ifTlllementation, 40 CFR § 264.552 : ; . 010 provides'sufficientinformation, 40 CFR § 264.552 : :.. . Rationale documented and made available to public, 40 CFR §264.552

. Permit modification requirements must be followed to incorporate CAMU into permit, 40 CFR §264.552 I l-,

Requirements lor Temporary Units(TU) [58 FR 8658 (2116193)):

. Slandards may be-replaced by alternative r-equirements, 40 CFR §264.553 WAC 173-303-646(7)(a) & (b). Factors lor establishing standards, 40 CFA §264.553(c) ;......................................................... WAC**173-30~6(7)(c).** Length 01 time TU may operate, 40 CFR § 264.553(e)**~..................** WAC 1**73-30~6(7)(d)** & (e). Incorporation of TU in permit, 40 CFR §264.553 ,................................................. WAC 173-303-646(7)(1);' 'WAC 17·3-303-s30 Rationale documented and made available to the public, 40 CFR §264.553. WAC 173-303-:646(7)(g).

. . . In order to approve the State of Washington to use orders issued under MTCA to compel RCRA corrective action, it was necessary to identify the essential elements of a RCRA corrective action program and to determine that the State had the necessary authorities to meet these substantive RCRA requirements. The following table identifies those substantive RCRA corrective action requirements and demonstrates that the corresponding State authorities exist which allow' the State to meet these requirements. Whereas certain of the state authorities listed are already authorized or are being authorized in today's action, this table only serves' to demonstrate that orders issued under MTCA can compel corrective action which would meet all substantive RCRA corrective action requirements and is provided .here IorInforrnation only. As stated above, orders issued by the state are not part of the RCRA authorized program until such order is incorporated into a RCRA permit. Federal requirement State autnoaty

Enforcement authorities, 40 CFR § 271.16 ,...- .. . Permit1ing requirements: 40 CFR §§ 270.30, 270.32, 271.14' and

271;16.

. RCAA CorrectiveAction Using Existing State Cleanup Authority: Corrective action at SWMUsfor allreleases, 40 CFR § 264.1 01 .....

statutory provisions regarding the regulatory authority of the Department of Health. .'

In response, the State ofWashington has not asked that the statutory provision cited by the commenter [RCW 70.105.240(2)] be authorized as pari of the federally authorized RCRA program. As such, RCW 70.105.240(2) wiII not be part of the federally-authorized state' RCRA corrective action program which will operate in lieu of the federal RCRA corrective action program. This will remain a "state-only" provision and' EPA will not enforce it.

The State ofWashington is today being authorized to implement its corrective action program in lieu ofthe. RCW 70.105.130(1), (2)(a-b), (2)(c)(iHii) and (2)(e); ACW . 70.1050.030(1 )(a,b,d,l); WAC**173-30~00(3)(a)(i),** -646(2)(a-b),**-802(~).** . RCW 70.105.080,.085,**.095(1-~),** .097,.120; RCW 70.1050.030(2)(c),

.050(1).(4),(5)(a). RCW 70.105.130(2)(a), (b),' and (c)(ii-iii); RCW 70.1050.030(1 )(a);

WAC.**173-303--646(2){a~), -646(3)(a~),**  -<l00(3)(a)(i), -806(4)(a)(xxi)(A) & (8). . RCW 70.105.130(2}(a); RCW 70.1050.030(1)(a-b), (2)(c); WAC 173-

303--646(2)(c) & (3)(c),-802(3) & (4).

. RCW 70.105.130(2)(c)(iii); RCW 70.1050.030(1)(a) & (b); WAC 173:-

303--646(2)(b) & (3)(a).

. RCW 70.105.101(11); RCW70.1050.020(3); WAC 173-303-040. RCW 70.105.130(2)(bl, (c)(ii-iii) & (e); RCW 70.1050.030(1)(a), (b), &

(I); WAC 173-303-Q46(2)(a) & (b)." .'

. . .. RCW·70.105.130(1) & (2)(c)(iii); RCW 70.1050.030(1)(d); WAC 173-**303-Q46(2)(a~).** . . RCW 70.105.130(2)(a); RCW 70.1050.030(2}(a); WAC 173-303-830.

the comments received and EPA's responses to those comments.

One commenter was concerned about the interaction between regulation of' radioactive materials under the Atomic Energy Act (AEA) and ofhazardous wastes under RCRA, specifically that EPA's authorization of the State of Washington for RCRA corrective action under the State's Hazardous Waste Management Act (HWMA) would aliow the Washington Department ofEcology to "preempt" the State Department of Health's regulatory authority (delegated by the Nuclear Regulatory Commission)

. over the operation oftheir facility. The commenter was also concerned about certain conflicting state regulatory and Financial responsibility lor' completing corrective action, 40 CFR

§§264.101 and 271.14.

. Publicparticipation, 40 CFR §§ 270.42 and 271.16(d)

. Permitting requirements, schedules of compliance and assurances

01 financial responsibility,40 CFR §§270.33 and 271.14. Correctiveaction beyond the facility boundary, 40 CFR § 264.101

.. Definition 01 facility, 40 CFR §§ 260.10 and 264.101 ; . Implement and complete corrective action, 40 CFR § 264.101 .

. . . . .

E. Indian Lands

Washington is not seeking authorization to operate on Indian lands

.. F. Public Hearing and Comments

Although EPA received three requests for a public hearing, EPA did not find

. that the bases for the requests warranted a public hearing, since the issues raised were outside the scope of this authorization action.

EPA received a number ofcomments during the public comment period. A detailed Response to Comments has been prepared and is available upon

. request. The following is a summary of i "to,· ;" 

### i. ,**~.**

# ,.J J**~:** i I

## , i

I Ii 1.-- --- - ---J--

Federal Reiister"i Voi. 59:' No. 

### 213 I Friday, November 4, 1994 I Rules and Regulations ,55325 .... , 

# ..**.~** prior to 1986" as suggested by the commenter. Rather, the authorization

..... will allow theState to assert corrective action (cleanup of past releases)· jurisdiction, which is not RCRA operational(day-to-day waste handling

. and management) jurisdiction, over . solid waste (which**inc1~es** the

. hazardous component orradioactive mixed waste) at solid waste management units at facilities seeking pennitsunder RCRA. The State of

.... Washington received final authorization for RCRA operational jurisdiction over

·radioactive mixed waste on November 23,1987.

.

A commenter pointed out that EPA was not authorizing the State of Washington at this time for the "omnibus" authority of section 3005(c)(3) ofRCRA, yet the State corrective action program and regulations indicate that the State will

· assert authority over releases of .

hazardous waste and constituents from "non-SWMU" units and areas, The commenter then asks whether EPA will

· assert its omnibus authority along with

the Slate authority over corrective action for non-SWMU releases, and if so, how will EPA conduct such action.

In response, EPA cannot disregard its' statutory obligations under RCRA to 

# r require corrective actions where EPA , deems such actions to be necessary to protect human health and ths :

· environment. However, EPA also does

not intend to require duplicative efforts under two separate statutory or. regulatory schemes at any given facility. EPA is not authorizing the state of . Washington for RCR,A "omnibus" authority as part of today's

. authorization. As such, State regulations which allow the State tei require corrective action for releases'from nonSWMUs'are "broader in scope" than the corrective action program for which the State is currently seeking authorization and, as such, are not federally enforceable.

In addition, EPA's statutory obligations under sections 3008(hj, 3013, and 7003 of RCRA, 42 U.S.C. 692B(h), 6934, and 69i3, to ensure protection ofhuman health and the environment, empower EPA to ensure that all releases ofhazardous waste are addressed. These statutory authorities are independent from EPA's oversight of the authorized state corrective action program. Should EPA decide that assertion of EPA statutory authority is necessary, such actiori will be coordinated with any ongoing State' action to ensure that duplicative actions' are not taken unless necessary to: protect human health or the environment. '. However, EPA does not anticipate that Washington's regulatory definition of S\VMU against' its discussion in the 'proposed corrective action.rule, [the

... cornmenter] requests that the State of Washington through its authorized program will not be allowed to assert jurisdiction over mixed waste activities prior to July 3, 1986, as well." The commenter cites the State of Washington's recent definition of "solid waste management unit" which was added to the State's Dangerous Waste ' regulations, which "means'any . . discernable location at a facility, as .defined for the purposes ofcorrective action, where solid wastes have been placed at any time,

.. " (emphasis added). The commenter further states
. that "the preamble to EPA's corrective action rule did not attempt to retroactively apply EPA's jurisdiction over mixed waste prior to July 3,1986." ·

In response, EPA has consistently interpreted the radioactive mixed waste to be a solid waste under RCRA for the purposes of RCRA corrective action (see 55 FR 30i98 at 30860, July 27, 1990 and 51 FR 24504 Footnote #1, July 3,1986). Therefore, it is clear that EPA considers radioactive mixed waste to be a solid waste under RCR'\ for purposes of RCRA corrective action. Corrective actions under RCRA which address releases from solid waste management units are not limited to releases of hazardous waste or constituents after

.

. any certain date. EPA's proposed'

definition of a "solid waste management unit.. in EPA's proposed Subpart S rule

- (see 55 FR at 30808-30809) and the State ofWashington 'spromulgated definition' ofa "solid waste management unit" in its Dangerous Waste Regulations (see WAC 173-303-646(2)(a)) both define a S\VMU to include in part (state regulatory language differences are in brackets):

Any discernable unit [location at a facility]

... at which solid wastes have been placed at any time, irrespective of whether the unit was intended for the management of solid or hazardous (dangerous] waste.

Th4S, EPA's determination that the hazardous component of radioactive mixed waste was regulated and subject to permitting requirements of Subtitle C of RCRA in 1986 does not affect EPA's ability (or a state's ability, when that

. state has been authorized for corrective action under RCRA) to require corrective actioniot the hazardous component of radioactive solid waste at SWMUs where such waste was disposed of before 1986,

EPA, in its authorization of the State ofWashington for RCRA corrective 'action, is not authorizing the State to "'regulate' mixed waste disposed of federal RCRA corrective action program. The RCRA corrective action program . seeks to address releases of hazardous waste and constituents from solid waste management units at a facility. "Regulated units" are units such as landfills, waste piles, surface impoundments, and land treatment
. units used to treat, store, or dispose of RCRA-regulated hazardous wastes and are subject to full regulation under' subtitle C of RCRA. See 40 CFR 264.90.: "Solid waste management units," or- "SWMUs," are any discernable units at which "solid wastes" may have been placed at any time. See 55 FR 30798, 30874, July 27, 1990 (proposed RCRA Subpart S Rule). If EPA determines that the presence of solid or hazardous waste at either a regulated unit or a solid waste management unit has led to a release or a threatened release of a hazardous waste or constituent from such units, EPA can require the owner or operator of a unit to address such releases by taking necessary "corrective action" at the unit.

EPA's ability to require correct!ve action at such units does not mean that SWMUs are "regulated" under the RCRA "base program" and therefore subjected to RCRApennitting , requirements. The RCRA "base program" consists, in part, of those provisions of RCRA that govern the generation, transport, treatment, storage and disposal of hazardous wastes. The RCRA "base prograrn'tis considered to. , be those provisions of the RCRA

program before the passage of the

_ Hazardous and Solid Waste Amendments ("HSWA") of 1984 to RCRA. HSWA introduced the corrective action requirements into the RCRA statute. In contrast and in general, only "regulated units" and generator accumulation areas are subject to the operational requirements of the RCRA "base program." These operational requirements are separate and apart from any corrective action requirements that might be imposed by the State of . Washington under the authorized state corrective action program.

. Therefore, the commenter's concern that EPA'satithorization of the State of Washington for RCRA corrective action will allow the Department of Ecology to "preempt" the Department of Health's regulatory authority over the operation of the commenter's facility is unfounded. If the State of Washington wanted to regulate the daily operations. of the facility's radioactive waste management activities' under RCRA, it would have to do so under the state's dangerous waste "base" RCRA program.

One commenter stated that "Given that EPA 'has stated that it will interpret '.' ',' I i , i"

, IFederal Register I Vol. 59, No. 21,3 I Friday, November 4, 1994 '" Rules and Regulations

.. 

# t

, 55326
it will have to exercise such authority modification will be under the State's very often, given the protectiveness authorized corrective action program. embodied in the State's MTCA statute The RCRA public participation and the manner in which the State has requirements would govern the public implemented the MTCA program.. participation process at that time.

A commenter questioned that once a However, public comment at that time State-issued order is incorporated by will be limited to whether the reference into the facility's RCRA incorporated MTCA terms, schedules permit, can tharorder be amended and conditions appropriately fulfill

....

ojthout a corresponding modification of corrective action requirements of the the RCRA permit,

. authorized State RCRA program. Public

In response, at the time the State comment on the MTCA terms,- order is incorporated by reference into schedules and conditions will not affect a RCRA permit, the order becomes the ability of the state to enforce the subject to all permitting requirements, MTCA order under MTCA authority, including public participation independent of the authorized RCRA requirements required for permit corrective action program. At the time modifications. This includes any State- the MTCA order is incorporated into a issued orders designating a corrective RCRA permit. and at any time thereafter action management unit (CAMU) or' for the life of the RCRA permit, Ecology temporary unit (TIJ). Therefore, if at will ensure that the public participation some time after incorporation by procedures under RCRAand MTCA are reference into a RCRA permit, it is coordinated to eliminate duplication of

. determined that the incorporated order effort and fulfill RCRA requirements. must be changed, such a change will A commenter questioned how require a permit modification as well. authorization of the State program The class of permit modification would be affected by EPA's required, along with the extent of public promulgation of a final federal rule participation required by such a regarding corrective action. The modification, will be determined using commenter also questioned whether the Stale regulations.' EPA intended to use the proposed . A cornrnenter requested clarification subpart S corrective action rules to of the public participation process tobe measure the Slate's "consistency" with used by the State under the authorized the federal corrective action program; corrective action program. Specifically, and what EPA intended when EPA the commenter pointed out that MTCA stated in its Notice of Proposed' orders have their own public Rulemaking that EPA's proposed participation process. The commenter definition of a·SWMU "will be the queried whether there would be a controlling interpretation against which second public participation process at Washington's regulatory definition of a the time such order would be solid waste management unit will be incorporated into a RCRA permit: The measured until EPA codifies a statutory commenter also queried to what extent or regulatory definition."

. the public would be able to comment on In response, should EPA finalize a the previously issued order at the time

. federal rule regarding corrective action of permit issuance or modification; and at some point after the State has to what extent the existing State received corrective action authorization, regulations governing public the State will be required to submit an participation would operate in lieu of application for a revision of the State the federal regulations codified at 40 corrective action program, in CFR 124.11 through 124.17. accordance with 40 CFR 271.21(e)(1)

In response, the commenter is referred and 271.25. Until EPA promulgates a to the Program Description contained in final federal corrective action rule, EPA this application for authorization, intends to use its proposed subpart S wherein Washington's Department of rules (55 FR 30798, July 27,1990) as the Ecology explains how public measure ofconsistency in order to participation goals and requirements determine whether the State's will be met. In brief, the State will authorized corrective action program is follow only the existing MTCA public' at least as stringent as the federal

.participation requirements (which

## a:e corrective action program would be extensive) when a MTCA order is issued under the proposed Subpart S rule.

. prior to permit issuance. Since that is . Since the-proposed subpart S rule has

not a RCRA permit action, there are no not yet been finalized, EPA cannot RCRA perm it public participation authorize nor enforce the provisions of requirements which apply. At the time Subpart S. However, EPA is currently the order is incorporated into a R<;RA using the provisions contained in the permit through permit modification, or

_ proposed Subpart S rule as guidance ifthe order is issued concurrently with when conducting federal corrective the RCRApermit; the permit issuance or actions. Two commenters raised concerns regarding the State of Washington's siting criteria for new hazardous waste facilities. In response, the proposed

. approval and authorization of.

. Washington's hazardous waste program revision is for a corrective action program. Since the corrective action program under RCRA is intended to address clean up of releases of

. hazardous waste at existing hazardous waste facilities, the commenters' concerns regarding siting of new facilities are outside the scope ofthis current authorization action. The State's siting criteria are State regulations which have no federal counterpart, and as such are not part of the federal RCRA program.. .

A commenter raised concerns regarding Hanford, specifically with respect to the burial of decommissioned reactor cores, and regarding incinerator standards; In response, EPA today is approving and authorizing the state for a RCRA corrective action program. EPA's authorization today does not directly address cleanup decisions at Hanford, the disposal of

. decommissioned reactor cores, nor EPA's incinerator standards found in the Boiler and Industrial Furnace Regulations (40 CFR part 266). Therefore, these concerns are considered to be outside the scope of today's authorization action, and would be addressed by the State RCRA base program. .

Therefore, it is EPA's determination that there are no changes required to this authorization action as a result of the comments received. G. Status ofFederal Permits

Upon the effective date of authorization, the State ofWashington will begin to administer and enforce

. corrective action requirements. EPA

actions which fall under the federal omnibus authority of section 3005(c)(3) of RCRA, 42 U.S.c. 6925(c)(3), and/or which are federal enforcement authorities, including actions issued pursuant to sections 3008(h). 3013, or 7003 of RCRA, 42 U.S.c. 6928(h), 6934 or 6973, will continue to be administered by EPA. In addition, HSWA amendments for which the State has not been authorized will continue to be administered and enforced by EPA.

Due to recent legal developments in the national ReRA hazardous waste program, the discussion that appeared in the. proposed rule (March 30, 1994, 59 FR 14827) concerning permits with automatic transfer provisions has been

. revised. All permits issued by U.5. EPA Region 10 prior to final authorization of the State for·corrective action will

# I Federal Register / Vol. 59. No. 213 / Friday. November 4. 1994 / Rules and Regulations 55327·

II' continue to be administered by U.S. EPA Region 10 until the issuance. or reissuance after modification. of the State RCRA permit. Upon the effective date of the issuance, or reissuance after modification. of the State RCRA permit to incorporate authorized.State

. requirements, those EPA-Issued permit provisions for which the State is . authorized to administer and enforce

....'ill expire. HSWA provisions for which the State is not authorized will continue in effect under the EPA-issued permit. Hi Decision

I conclude that the State of Washington's application for program revision meets all of the statutory and regulatory requirements established by RCRA. Accordingly. the State of Washington is granted final authorization to operate its hazardous waste program as revised. The State of Washington now has responsibility for permitting treatment, storage, and disposal facilities within its borders and carrying out other aspects of the RCRA program described in its revised program application:subject to the limitations of the HSWA. The State of Washington also has primary enforcement responsibilities. although EPA retains the right 'to conduct inspections under section 3007 of RCRA. 42 U.S.c. 6927. and to take enforcement actions under sections 300a. 3013 and 7003 of RCRA. 42 U.S.c. esas, 6934 and 6973. Compliance With Executive Order 12866

The Office ofManagement and Budget has exempted this rule from the requirements of section 6 ofExecutive' Order 12866. . '. Certification Under the Regulatory

. Flexibility Act Pursuant to the provisions of4 U.S.C. 605(b).Ihereby certify that this authorization will not have a significant economic impact on a substantial number of small entities. This authorization effectively suspends the applicability ofcertain Federal regulations in favor of the State of Washington's program. thereby' , eliminating duplicative requirements for

.. handlers ofhazardous waste in the .

..... State. It does not impose any new burdens on small entities. This rule. therefore. does not require a regulatory flexibility analysis. List ofSubjects in 40 CFR Part 272·

. Administrative practice and .- procedure. Confidential business information. Hazardous materials transportation. Hazardous waste. Indian lands. Intergovernmental relations. Penalties. Reporting and recordkeeping requirements. Water pollution control. Water supply.

.

Authority: This notice is issued under the authority ofSections 2oo2(a). 3006 and 7004(b) of the Solid Waste Disposal Act. as amended. 42 V.S.c. 6912[a), 6926. 6974(b).

Dated: October 17, 1994. Chuck Clarke. RegionalAdministrotor. IFR Doc. 94-27170 Filed 11-2-94: 8:45 amI BILLING CODE**r.s~**

# Corrections

This section of the FEDERP.-L REGISTER contains editorial corrections ofpreviously publishedPresidential. Rule, Proposed Rule, and Notice documents. These corrections are prepared by the OffICe of the Federal Register. Agency prepared corrections are issued as signed documents and appear in 

### the appropriate document categories elsewhere in the issue.

DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 70 [Docket No. PY-92-0031 RIN 0581-AA61 Voluntary Poultry Grade Standards Correction

In proposed rule document 94-25760 beginning on page 52469, in the issue of Tuesdav, October 18,1'994, make the following corrections: §70.221 [Corrected]

1'.On page 52474, in the second column. in § 70.221, in paragraph (g)(3), in the table. under the heading entitled "Maximum aggregate area permitted" insert a line to separate the heading from the subheading entitled "Breast. legs, and parts".

2.0n the same page, in the same column. in § 70.221, in paragraph (g)(3), in the same table, under the subheading entitled "Breast, legs, and parts", in the first line, "13/4 in." should read "314 in.".

3.0n the same page. in the third column. in § 70.221, in paragraph (g)(4). in the table, under the subheading entitled "Elsewhere", in the first line. '''1 % in." should read "P/4 in .... § 70.230 [Corrected]

4.0n the same page, in the second column, in § 70.230, in paragraph (e)(2). in the table. the heading "Maximum aggregate" should read "Maximum aggregate area permitted".

5.0n the same page, in the same column, in § 70.230, in paragraph (e)(2). in the table, under the heading "Maximum aggregate area permitted", in the second line, "1 incn" should read ':1 inch". BILUNG CODE**1~1-il** DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 101,170. and 310 [Docket Nos. 91**P~186** and**93P~306]** Iron-Containing Supplements and Drugs; Label Warning Statements and unit-nose Packaging Requirements Correction

In proposed rule document 94-24476 beginning on page 51030 in the issue of Thursday, October 6,1994, make the following corrections: '

1. On page 51033, in footnote 6 at the end of the table. "No" should read "Not".

2. On page 51043, in Table 9, in the first column, in the first entrv, remove "1" preceding "Overdose".' §310.518 [Corrected]

3. On page 51058, in the second column, in § 310.518,in the introductory text, lines two and three should read "in solid oral dosage form . (e.g., tablets or capsules) shall meet the following". '

4. On the same page, in the third column, in the same section, in paragraph (a). lines six and seven' , should read "unit of the product, e.g.• tablet or capsule

.... B1LUNG CODE**1~1-il** DEPARTMENT OF THE INTERIOR Office of Hearings and Appeals 43 CFR Part 4 RIN 1094-AA42 Department Hearings and Appeals ' Procedures; Special Rules Applicable to Surface Coal Mining Hearings and Appeals Correction

In rule document 94-26553 beginning on page 54356 in the issue of Friday. October 28.1994, make the following corrections:

1. On page 54356. in the second column. in the SUMMARY, in the first line. "The" should read "This".

2. On the same page, in 'the third column. in the SUPPLEMENTARY INFORMATION. in the first paragraph. in 56573-56999
Federal Register Vol. 59. No. 218 Monday. November 14. 1994

the last line. "43 eFR 3.1307(a)" should read "43 eFR 4.1307(a)".

3. On page 54359, in the 1st column. in the 44th line, "!BlA" should read "!BLA". ,

4. On the same page. in the same column, in the last paragraph, in the ninth line. "or" should read "of'.

5. On the same page, in the second column, in the second full paragraph, in the tenth line. "on" should read "in",

6. On the same page. in the 3rd column, in the 31st line, insert "773.24(c)," after "§ §".

7. On page 54360, in the second column, in the first full paragraph. in the fourth line, insert "1253" after "30 U.S.c. ...

8. On the same page. in thesame column, in the last paragraph, in the 17th line; "ownerships" should read "ownership". '

9. On the same page, in the third column, in the seventh line, "persons" should read "person".

10. On the same page, in the same column. in the heading at the bottom of the page. in the first line. "Appeals" should read "Appeal"; and in the last paragraph. in the first line, "criticized" should read "criticize"

..

11. On page 54361. in the third column. in the fourth full paragraph. in the fifth line, "alternatives" should read "alternative". ' § 4.1373 [Corrected]

12. On page 54362, in the third column, in § 4.1373(a). in the fourth line, "§ 4.1372(a)" should read "§ 4.1372(b)". BILLING CODe isos-oi-o
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL-5099-5] Washington: Final Authorization of State Hazardous Waste Management Program Revisions Correction

In rule document 94-27170 beginning on page 55322 in the issue of Friday. ' November 4,1994, make the following correction:

On page 55322, in the first column. the ACTION line should read "Final rule". ' BILUHG CODE rsos-cr-o

## CONCURRENCES INITIALS ;



## .NAME DATE

Ecology/EPA Memorandum of Agreement -- signed by Tom Fitzsimmons on July 19, 1999 received by EPA on July 27, 1999.

### CONCURRENt\1fA INITIALS \ 

# II

.NAME 

# _ . M Rllee"ll 

### DATE**t{,~1-\~**
Memorandum of Agreement -- signed by Tom Fitzsimmons on July 19, 1999.

## I.· ,

• I



### II.
-, I'

. 

## ill.'

. IV.

•

• J •••• 

# J 

# v. - -(or

. ...;



## VI. 

# Memorandum of

# Agreement
Between the State ofWashington and the US EPA Region 10

Signed and Dated: State ofWashington 7-19-99 

## VII. EPA 9-24-99

)
./**~-~** .. =--:L_ .---.-**--~---,** ..,_._-.---



### Public'Participation in Corrective Action Remedy Selection..•.•••.17

_

' .Cleanup Standards and Levels, and Remedy Selection ••••.•.•..••.••.•17

Coordination ofState and Federal Actions ;;.•**~;** 

### ••;.;.;•••••• ..•.••:••.••• .••18 Applicable,.Relevantand Appropriate Requirements (ARARs) .•19 Corrective Action Requirements in- State Issued Permits•••.••.•••••••19 ·C.-



## D. E.... - 

## F. G. H. 

## I. J. .VIll. Corrective Action Program Implementation_ 15 '. • • t

... ..**'~;,.** ,1 • -:.. S:"i**...;~** .i 

### A. General Corrective'Action'Policy.•:•••: 

### 15 B. 

### Coordination with EPA and Transition from Federal .•••.•.•....•••....15 Administration to State Administration ofCorrective Action

. ReRA 

### Facility-Assessments' (RFAs)...•

### i:

..**~;;** 

### ..**;;~;** 

### ..**:.~ ~~~**  

### ..**~.::~~** 

### 16 

### Corrective Action Implementation Process 16 .Correetive ActionFinancialAssurance-.•.•••••••.••.•:.:•.**:~~~** 

### 17



### IX. OtherFederal Laws That May Apply to Issuance ofPermits•• .•.•..•..••••.••19

. !
- 

## X. .Complianee Monitoring and

### Enforcement.,.....•**:~.~.~** 

### .•.**~t** :•.•**:~.~.:.** ••• : ••

### 19 

## A. B•. EPA....•..••..•.•.•.•••••••.•••...••...•••••••••.•••.•••.•.••.•••..•••••••.•.••.••.••••.•.••.•....•.•.•.•20 

### .State..•....••.•

_ ;..**:~~·:~** 

### ..;•..•' ;..21 

# o

.,-;--.**~.** - .

. I i.-


### Requests-for Information .••••••••.•••.•••.••.•.•.•.••.••..;..•.•..•**~.~** 

### .•.•.• ••.•....••· •••.22 Confidentiality ofBusiness

### Information · ••.••..•.:·•.••...•..•.•23



# . . - . '.. (" ..;;**.~,** 

### Overs19b t••••••••••••.•••• •.;.:•••••.••.•. •..••.**~~~;** ••..••.•...••.•..

### 23 

## XI. Availability. ofInformation z;•••••••• ••••••••••••••••••••••

### 22 A. General.••••••••••••••.••••.••.••••••••••••••••••..••..•.•.•••••••..•.**~~;;;** 

### ..••..••.**~:** 

### ..**~:.:**

### •.•..•..•.•.•22 

## B. C. D. 

## XII. Dispute Resolutions••••••.••.••.......•••.•••..•••••••..•.•.•.•· ...•.•..•..•.•.•••.••.•....•.•...•.•.• .••••24 

## XIII. .Provisions for Modification' ofthe MOA .: 

### z: ; ..**~~.;** 

### ..::;..**:~~**

### ...•....**~~** 

### 24 

## XIV. ..**~'1** .. ." " -. "'.! ; Jo • 

### Disclaimer••**:.~ :~::**  

### •.:•.:..**~:** 

### ••..•••

_ ..••**:~:** 

### : :.A •••..............**:.~** •••

# z.:**~.:**

# .. ' :.24 

### Appendix A Federal Register November 4, 1994, 59 FR 55322

..'. 

# (). ';.0'" ' 

# • ,.'

... J, • "

. ... .. ;".' ..,,::, .. , 

### - 

### MEMoRANnm{'OF'AGREEMENTBETWEEN ,';<:' •. :-,
.

### I)'>"';~ 

### ,THE'STATEOFWASIiINGTON ".", .':;**.~.** 

### "': :';,,:.j,}:

. • ._ ,".f 

### -_:·'t·· f .' ,f"'."**-~.,~p.** ...**~~.,**
". C ; .. _" 

### -AND**~"** t.t**J~"';'** _ .... _" ' '""\,,,,> f'•• ';.')1 

### THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ,'J ., ••••.. , 

### REGION 10

·t.f' iI •• :1"': ".**~.)** .

. ,"..


### . 

### I. GENERAL

.. -to. '.: -'. 

### . {-.



# •

• This

## Merrior~dum of Agreement '(hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR 271.8 forthe State of Washington Hazardous Waste Program (hereinafter "State Program") authorized under Section 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 forth the manner in which the State and EPA will coordinate in the State's administration and enforcement

## ofthe State program and, pending State authorization, EPA's administration of the provisions of the Hazardous 'and Solid Waste Amendments of J984 (HSWA). For purposes of this Agreement, references to RCRAinclude**HS~~** 

### ..." "..,'

. '. '. , ,1: ",1';



### , TIns

## 'Agi-;~~~~t i's entered

## i~to' 

# by"the

## Direct~r of

## th~ Washington Department ofEcology

. "

(hereinafter "Director't.or "the State") and the RegionalAdministrator.Ef'A RegionIO (hereinafter "Regional

### Administrat~r" or ''EPA''). This Agreement

### do~'s'not establish privitybetweenEl'A'and the State and does not restrict EPA's independent enforcement authority. No waiver of sovereign immunity is implied or assumed by this Agreement.



### ... -\ . . 

### The authorized Program in this Agreement includes State implementation ofthe'dangerous waste

...,program on'non-trust lands within the 1873 Survey Area ofthe Puyallup Reservation as defined in

the settlement agreement between the Puyallup Tribe, Federal, State, and local governments dated

.August 27, 1988 (Settlement Agreement). The Settlement Agreement was ratified by Congress and incorporated in Federal law on June 21, 1989, as the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. Sections 1773, 

### et. seq. (Settlement Act), and where not provided therein as . otherwise provided by Federal law. The authorized program does not extend to Indians or Indian activities within the 1873 survey area. EPA retains primary responsibilityfor implementing RCRA on the trust lands, and overIndians and Indian activities on the non-trust lands within the 187:3 ' Survey Area. The authorized program does not'extend to any other Indian lands or activities 'within the State. 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 Agreementshall be construed**t~ c?ntrav~ne**  

### any provision of 40 CFR Part 271. ',' The parties'will review the Agreementjointly at least once a year (and other time; as appropriate) during preparation ofthe annual State grant work program, in connection with grant funding under Section 3011 of RCRA. 1This Agreement will be signed by the State and the Regional Administrator and will become effective at the time the State's authorization takes effect,. which will be the date set out in the 

# 0 Federal Register notice ofthe Regional A'dri]imstrator's, decision: to'

## grant"authorization to the State. .'

. ,. .' 

# .... .,:. '

. ThisAgreement will supersede the Agreements dated January 31, 1986; July 25, 1988; October 17, 1994; and June

## ~3, 199K;.

## ~'~'; '·:L. 

# L"**.-.,~,~~>:~'"Iii** 

# ,'; .-,;". ,",

....**J'~.,.,** .:

## -:~:. / 

# rr, POLICY STATEMENT Each ofthe parties to this Agreement is responsible for ensuring that its obligations under RCRA are met. Upon granting offinal authorization by EPA, the State assumes primary responsibility for implementing the authorized provisions ofthe RCRA hazardous waste program within its geographic boundaries, including those Puyallup non-trust lands within the 1873 Survey Area, pursuant to the Settlement Agreement-and Settlement Act (see Section 

### ill for more details). The authorized program does notextend to any otherIndian lands or activities within the State. EPA retains primary responsibility for implementing RCRA on Indian lands, other than the non-trust lands withinthelS'B Survey Area, trust lands and over Indians and Indian activities within the' State borders. .'

. . .

, The State will implement its program using Ecology's letter to the governor dated December 10,

1997 whereby Ecologydeemed that House Bill 1010 conflictecfwith the authorized program, and thereby deemed those portions ofHouse Bill 1010 inoperable. EPA retains its responsibility to ensure full and faithful execution ofthe requirements ofRCRA, including direct implementation of HSWA 'in the event the State is not authorizedto act:
.The State andthe Regional Administrator 

# C 'agree to maintaina high level o'tcooperatiriri'and coordinatiOIl'between their respective staffs in a partnership to assure successful and

### effective'~d.ministration ofthe State program. '

.' 

### -

. - ..' .;**{~.** . '. :

.**~'.** ;. Section 3006(g) ofRCRA provides that

### hazardous'~aste requirements and prohibitIons' promulgated pursuant to HSW

## 1\ are applicable in authorized States at the same time that they are

.....applicable in unauthorized States. While EPA retains responsibility for the direct implementation

ofthose provisions ofHSWA which the State is:not authorized to implement, it is the intention of EPA and the State to coordinate the implementation ofsuch provisions to the greatestdegree possible. "

.. ' . With regard to the Corrective Action portion ofWashington's authorized program, the State and

### ~1} have developed aninnovativeand precedent setting program for implementation ofRCRA corrective action requirement,s at dangerous, waste management facilities in Washington.f'See

. Section, VITIfor Corrective Action Program Implementation details). '-
EPA will oversee implementation ofthe authorized State program in orderto: ensure full execution of the requirements ofRCRA; promote national consistency in implementation ofthe hazardous waste program; allow EPA to report to the President and Congress on the achievements of the hazardous waste program; and, encourage States and EPA to agree on desirable technical support and targets forjoint 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 (midyear and end-of-yearreports), permit overview, compliance 'andenforcement overview, and annual () review of the State's programs. To the extent feasible, EPA and Ecology will use Regional Sites ,J 2

# •**~t** .....**/~** f ;._.-..... ," ..i " ,- . ' •..•.•**"'"'t"~-,** .,,:
... "1'-. ,1:;

.... :{".'

....-.'**~"'J.l.' ,·.~r**  1"":1" 

### Meetirigsas ameans'of informal 

### communication'for ongoing oversightof**~t** 

### corilriiitinentS. EPA Will

. .-r-.1 ;. .-f'"**~'lf 'l·\.·1·~**  "

... '.f ,M

.... '.1 '

.. -ll .i

.... 

### keep the State informed of the content and"meaning ofFederal'statutes, regrilations, guidelines,'standards, policy decisions, directives, and any other factors that affect the State program. 

### I;PA will also provide general technical guidance to the State as 

### agreedto in the annual work program. EPA 

### will share with the state any national reports developed by EPA from the data 

### submitted through State·reportrrig·-e,

### 'f.~'5~ .... 

### requirements, EPAwill.provide the State with**inform~tio!l(~~~~** 

### its control) priorto public information ". ' , t· "

.. ' .'

.... ..1..,**-~.** .',' . " .

. .. .. I •• .,' 

### releases, where such releases pfit,ilormation couldimpactthe-State'

### S**pro~** 

### crprojects." _:'

-: -.

• '-J • • #. • • ..... .' I";'

_**.-~** ; • ,/.... .1 • ;.1 '.**...~** .' ; .. I.**·~ft.** :;, ; •**,~i.. .~** **~I:·. ~.'**  - .. -,- "' \, . ," (. . "r' ..•• to:.**.~.** ';'. "''10. 0- < , • 

### EPA agrees to conduct its oversight ofthe Washington State Programinamanner consistent with

"the EPA,

### R~gic0I110 OversightPolicy and 

### anysubsequentState/Ef'A

### ~greea:.to_6versight guiding'

-princfplesa:n4 critepa. Nothing in**~s** 

### MOA, 

### orin any attachments**here~~" o~**  

### otherdocuments <?r agreements referenced in this MOA shallbe construed to restrict EPA's-authbrity to fulfill its oversight obligations nor to contravene the requirements of 40 CFR Part 271. In addition, the following**p~nciples** 

### will apply:

. J : '. '..**~.** .: •
. (- 

### Focus on Overall Performance- EPA will be concerned with the overall performance and environmental results achieved by Washington's Program. The' oversight process will focus on individual procedures or actions only as indicators ofoverall program performance, or where

### aetion~' involve significant national issues. . _ .' , . .'" : -. '. 

# •

_

### .... Respect State Technical JUdgments- EPA will respect thejudgments ofState technical staff, unless statutory requirements call for direct EPA involvement in project decisions or the ' technical issue has significant policy**implic~tions.** 

### . -'" :-: '.

-**--"~!** , . :; L -'" 4,

.. .. ... . _.".: .:.:: . i,.**~'.','~.** ..... 'J i) 

### Use Specific Performance Criteria- EPA will specify the criteria" after consultation with the State, that will be used to assess State program performance and i"nclude these annually in the Performance Partnership Agreement or negotiated-work plans as appropriate. Useful oversight can occuronly'if

### the State and EPA understand in advance about specific'standards'of - . performance to be met and how**~~ccess** 

### in meeting them shouldbe measured

.. _.,**_.~** 

### : Emphasis on Strong, Informal EPNState Relationships- EPA Region 10 has a unique ability, because of.its Operations Offices, to rely on informal working relationships as an oversight mechanism. The use offormal written reports will, be keptto the'minimum necessary for the timely assessment and resolution ofenvironmental'problems and progress. Washington will also be encouraged to participate in the oversight ofits;own programthroughjoint.audits and to evaluate EPA's performance in providing assistance and meeting commitments.

.
" , . • ". i -, ,'-



# • EPA will Retain Responsibility- EPA is responsible under statute for ensuring the consistent application and enforcement ofnational standards. If 

### direct EPA action is necessary to ensure that environmental laws are carried out, such action will be_taken, with appropriate consultation

.with the State.**~.** 

### -. .. HBlOlO- Ecology will adhere to the interpretation ofWashington HBlOlO contained in Ecology's letter to Washington's governor dated December 10, 1997,whereby Ecology deemed HB1010 to have conflicts with the authorized RCRAprogram, and deemed those portions of HBlOlO to be inoperable. : .: 

### 3

### ;,m·,-EJ~1;t;»~~~~Ar~o~**;--O~;·f.JH;F;~ )~ANGE~9l.!.S·i··W~~**  

### ...**~Rq~~!,,!.** 

### ON., 

### THE**~,·:.:...;hJ,~YY~,L~J9f~~~V~JJ.()N.~Q~-'Q{U~T~~S",** 

### :
..... ",
-**,"~':, ,~~:;:**  :1("'.:**~;or-"!J'~\_~** . '1,-)**-:.~** .••

### :.....-8**~f~~-r-r:.~..-fr(: ~Ji~~** **~t!l _~ril**  

### ...**:~;** i;**···:,~"'~C~** .',,-;'**.:~~** i':\' ";

. '/;':

...("':i..: ri. :
....**~l** .'**I":,'~'** .. -•. .. '! ·'.i'·}**"'j·I..gL~,** i,,,-, .;**~<..:;.** 

### ..**t:i-:·.~~.r:** 'N**·~l;;** .. :.,.**):.~j ."~:** **c~~t1:..** ..**',f~** _.**~'.-";'4p': ~!;**  .•

### A~**Respo~!b.~~es;.;:;:** 

### L;:.:.; j'-; ; ,; '"1':',

..' .•:'

. . ...,-, .. , L'.,

_ ':: ",.,. ,J. -(" 'c;:- .; "";.i
l

..)f.H·

...**·;~,.tfn"'":;ii~ur;** ,I]**,c·;~.\_l~rr.~r**...j ••. .l. '".=;t· ! .:C:a."N<!: -u**'~._"--,** 'o..,.! ':.t.' ",;**."'.r,;~** " ..•....•....

The State has 

### primary authority for .Imple]Ilentiqg its authorized**p~ogram** on the non-trust lands

. within the 1873 

### Survey'Areaofthe PUyallup Reservation'as defined bytheSettlement

### Agreement, the Settlement Act, and where not provided therein as otherwise provided by Federal law. The authorized

### Piogf~'d~es 

# 'noi**;~xterid t~"rndians:b~**  fudian activities within' the' 1873 Survey

### Ar~a .: EPA retaiiliprimary responsibility

### for implementing RCRA on the tnist lands, and overIndians and 

### Indian activities onthe non-trust landswithin the 1873 Survey Area. The authorizedprogram does not extend to any 

## other Indianlands or activities Within the State. ,.. .'

- : . ' ... ..**,~** .., " , , 

### . . -, - :

. EPA agrees to initiate an appropriate mechanism to prevent anyauthority gapswhen a person, as defined in WAC .1-73-303-040 or40 CPR '260.10, who manages hazardous waste is affected by a changefrom State

# tq**Fe~~ral'junsdiction.** The State and'EPA' agree to communicate all such jurisdictional changes to the Puyallup Tribe. EPA Region 10 will adhere to its EPA Indian Policy dated March 14, 1994; and its commitment to working with.Federally recognizedtribes on a government-to-govemment basis to enhance environmental protection

. 

# o

", ,**.~** 

### .... :**~,.'** 7:' J["f'.: .,,;..i

....**~,.>,:~~** 

## -. ro.**"~** •.

_ .• I :'h, ". • 

### B. Implementation Strategy'for Lead 

### Regulatory Agency Changes
: .... '." .. The following is the agreed upon strategy for how the EPA and Ecology will share information and communicate all Jurisdictional' changes within the 1873 Survey Area ofthe Puyallup Reservation. 

## A. person whomanages hazardous waste' is required to 'notify the regulatory lead agency ofa change pursuant to notice.requirements 

### fortreatment; storage, and disposal (TSD) facilities at WAC173- 303-805(7), WAC 173-303-810(14), or 40 CPR 270.30(1)(3); or through generatornotification

.....requirements pursuant to WAC 173-303-060(2),40 CPR 270.1(b) or 270.70(a)(I).

Communication between EPA, Ecology, and the Puyallup Tribe will be maintained when a person who manages hazardous waste gives notice regarding land acquisition, changes ofoperator/owner, and/oraffectedactivities that**r~sult** in a change ofthe lead regulatory agency. - ) ,. 

# o

1. Implementation Strategy Protocol

-0iT" -",-, ""p' 11 "",**":'~** .. .' The following information and procedures will be used when a person who manages hazardous' waste gives notice ofa change that results in a change of the leadregulatory agency:
-. . . . a. Within 15 working days from when the lead regulatory agency receives notice of

a change, the notice will be shared with appropriate staffof EPA, Ecology, and the Puyallup Tribe

.

..b. Based on the notification of change, the new lead regulatory agency willprepare a

, letterto the "notifier" identifying themselves as the new leadregulatory agency

..'This ()

letter will be copied to the former lead regulatory agency and the Puyallup Tribe.**~/**



### ___ 3.

_

# • . °T"--1·

.**~-:._** .' ',-{r"

.. -**r~.** 

### c. The new lead regulatory agency will be responsible for-updating the RCRIS database with corresponding data entry change requirements.

.to:.
-**:~.** .oJ' ', , . " .... ;. -':f '



# •

•**.~** 

### ":Advance':>

## ~6tifi~~tion by'the "fadlity;o(any"plannedtransferin own6iship interestor ; -,

### 'bpera~onal control at a permittedfacility will assist'EP

## J:t. andEcology.: 

### If, as a result ofthe

, transfer, the jurisdiction for 

## the permit's leadregulatory' agency changes, the'new lead :

,

### re'gul~~ory**~'gency'"** will detemline':Tti accordaiice,\.vitll applicable permittingrequirements,

whether'to modify' the existing permit'or revoke and'reissue the permit, Of

### if there'is cause, terminatethe permit. 'The permit will identify the newlead-regulatory agency. EPA will consider consistency with State lawin decisions made 

### atfacilities and for generators for which EPA has jurisdictional authority; .: ':. J"' 

### The EPA and Ecology agree that all RCRA permits within the 1873 Survey Area ofthe Puyallup Reservation boundary, except for those on trust lands within the Survey Area, will include the following permit conditions:' ' '

, "In accordance with reporting requirements in WAC 173-303-81O(14)(c) and 40 CFR " 270:30(1)(3), the

### Permitteewill provide'notice to the Director and the Regional ' ,

Administratorprior to transfer ofownership interestor-operational control ofthis permit to any person. The Director

# or the Regional Administrator may require' modification, Of 

### revocation and reissuance ofthe permit, orincorporate other requirements as may be , necessary in accordance with procedures in WAC 173-303-830 and 40 CFR Part 270 Subpart D." and ...,.,'" '**'~,',:,** 

### ",


### , 

## .. .**.~** : : ",;"

. j ,-: t • "j-:...•,.: .".. "", .z· 

### "EPA will become the regulatory authority ifthe facility's notice results in a State to Federal jurisdictional change. Ecology will become the regulatory authority ifthe facility's notice results in a Federal to Statejurisdictional change."



### 3. CleanupImpllcatlonsfor Contamination 

### Crossing Jurisdictional Boundaries ""';: )- 

### On occasion, offsite contamination raises concerns for regulatory agencies. Therefore,

, whenevercontamination from one parcel crosses boundaries ofregulatoryjurisdiction, and

affects anotherparcel, notification will be made to EPA,Ecology, and the Puyallup Tribe. EPA and Ecology agree to provide each other with pertinent information to determine the

, best strategy for such.affected parcels. In some instances, dualjurisdiction may exist. Both

agencies intend to provide consistent environmental protection. The agencies will use protective cleanup approaches and levels 'as referenced in Federal or State law or guidance. Discussions between agency staffwill be the starting point for all such decisions including active communication with the Puyallup Tribe. '



### 5

# o A. General**.~** .•**~_:** e, .....**"'i4"~-; ~-1**  ."" 

### The Regional Administrator will assess the State administration andenfofcementbfthe hazardous 'waste**Rrog;-~** (;m 

### a.continuing basis**~o~ eq~val~nfe.**  

### and**consis~~ncY'~f~'~~&'\l,~s** 

### [\greement, .and all applicable Federal requirements. and policies, and.for adequacy of.enforcement, This**~..** •. , . -**~.** . , .... '"- - • • .
. J

....J

. , . '..::**.~.** , -'.

. . '.**~. ~.(**  I 

### assessment will be accomplished by 

### EPAreview ofinformation submitted by 

### the State in

- !

.... • ,l.
- -.'.. ." ._ ' .;
.... • ..( 1

.. ' u' j l..J • .a •• " t**,~, -.~**  1"':

.... 

### accordance with this Agreement and the State grant work program, permit overview,.compliance

• . . .'**.~..** ."**'~** .• - - . -'

..... J .••• '. • • •t" .' 

### andenforcemerit overview, and annual review ofState program activities.c.The Regional Administrator may also consider, as part ofthis regular assessment, written comments about the State's program administration and enforcement that are received fromregulated persons', the public, arid Federal, State

# and local agencies: Copies ofany such comments received by the Regional Administrator will be provided to the State.

. '

. '

• : • .'

_ •• L**.~.** • • •• • ". s. ., . .'. ..••**.~..** .. '

- .. '. •- ( 

### To ensure effective program review, the State agrees to allow EPA access to all files and other

• "

. _ 1... .J ,- 

### information requested by the Regional Administrator or his or her designee and deemed necessary by EPA for reviewing State program administration and enforcement.

--

.,... .-' .• !';

. _ . :.' i

. i 1: .- . J '::., .", .": ., 

### Review ofDepartment .ofEcology files may be scheduled atquarterly intervals. Program review meetings between tne State

### ~d the Regional Adiniiiistiaior or.their'assignees will be scheduled at 

### .reasonable.intervalsnct iess than

### -~ually to review specificoperating

### 'pr6~edure~-~'p-'~£hedules, to resolve problems

### ~d to discuss mutual program

### cop.ce~s~,.; ,

### ._.;'::,;~**-~** . ::'

.....; I .:.::'-' 

# 0

...... it:-·· J · :· : , .•**~.-** ".'.; .:.;::,**.~I·'-** '. 11.',,:

..., ....1-'

...;**.~:.:..** 'i :: 

### These meetings will be scheduled at least fifteen days in advance unless agreed to differently. EPA will prepare a tentative agenda for the meetings and will give Ecology a chance to review and add agenda items., .' '

. ; .



### B. Identification ofPriority Activities The State and EPA agree to develop, on an annual basis as.a part oftheState grant work.program, criteria for addressing EPA-priority activities, including activities regarding handlers ofhazardous waste. These criteria will be based on guidance issued by EPA in the annual Agency Operating Year Guidance 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 willbe considered high priority will include, but not 

### be limited to, facilities to be inspected, facilities requiring corrective action work, facilities to be permitted, and enforcement against facilities with known or suspected groun.d-water contamination.


# (j

--- -**-~----~-** 

## --- ------ ---- --

__ J:?

_

# • .:''';

....**~·01\_·~~·_** .. -,

1'.**:~** /:,\"3**1:~'-** -=-:**.~** .**.-:~** -. .; j ....**~';'** • i.

....**~.** I
- I

r . ". 

# • .. '-'L;t":**!~.-ii.',** .i.**'~:~~:~;I** 

### As the respective information needs ofthe State and EPA evolve, changes to this section ofthe Agreement may be appropriate: During the annualreview'ofthis Agreement.the'State and.the '.: Regional Administratorwill carefully examine the followinginformation sharing provisions for needed revision. "" : 

## B; EPA L . '-'EPAwiU generally keep,the State 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 will also provide to the State general technical guidance and training applicableto new regulations 

### onanas-neededbasis, EPAwill 

### share-with the State any national . reports developedby EPA from the data submitted through State reporting requirements. EPA



### willprovide the State with information (within its control) prior to public information releases, where such releases ofinformation could impact the .State's program or projects. :","7' J J

- ..... ..'**"~}** ,..-!**I\i.~** -f 

### 2. , The State and EPA have agreed to ajoint permitting process (see Section VI. D.) ofthis

. : Agreement). Under this process' the'State and EPAhave establishedpolicies and procedures

.' by which each 'willpursue theirrespective and/orjointresponsibilities underHSWA.

. .**.~.'** .,... . .: . . .**~J!~ ~'"**  .. i ,**'~** .....**~:** ..:. -, .:'

.. _.



# •**,~**



### 3. The State and EPA agree to the sharing ofinformation as specified in this MOA andthe .annual State grant work program. When requested by the State, information including, but not limited to, the following will be provided: a. Part A and Part B permit applications, whether received prior to the effective date of this Agreement qr subsequent to the effective date ofthis Agreement and whether first

.. - I .-. 

### received by the State or EPA; ,

- b." Such other information necessary to support the foregoing information;' c. ) Copies ofdraft permits, proposed permit modifications, public notices;

. d. .: Copies offinal permits and permit modifications;'**~'** 

### :. .:.. '. , , e. Notices ofpermit 

### denials; "

f. 

### Emergency permits;

. . c. •• 

### g. Closure plans, clean.closure determinations, Notices ofDeficiency (NOD), and closure equivalency'determinations; , , , .' . . h.. .Visual site inspection CVSn andRCRA facility assessment (RFA) draft and final reports and remedy selection documents; and i. . Notice ofviolation (NOV), notices to CERCLA 

### off-site facilities, orders, independent reports and actions including enforcements, and citizen concerns. 

# EPA agrees to provide to the State copies ofany reports, and data, including 'enforcement sensitive information (see Sections C.S., C.6., and G.3. below), resulting from compliance inspections within sixty days ofcompletion ofthe inspections. 7-,



### 4. EPA agrees to referrequests for assistance with obtaining an ,EPALStateill numger;to
.. t ;'**1~.** ... "

_ J\**.~** .. "" -",'t/**.~t1** .... 

### Ecology. EPA will forward any original ECY 030-5 forms received to Ecology within 10 working days. EPA will also contact any new notifier completing an**~A** 

### Form 8700-12 to let them know the correct form .to complete and give the name ofthe State contact person : within 10 working days. .: -..... ' '." '. 

# o

. .

.:::.;**'~:** ....**,>~: "~L**  .. :;**~-.:[-:** .....**-t::,:~-~, ~"i·V** **~,..** ",J:;-**~:~** ..;.-_ .: v ":!"

. ...q :,.;<. 

### 5

..**~,** 

### EPA will make-available to the State othen relevant information as requested which the State needs to implement its approved program•.-Information provided to theStatewill be.subject to the terms of40 CFR Part 2. . , >, .',

. '. "


### C. State 1. The State agrees to inform the-Regional Administrator in advance ofany proposed program

. changes that would affect the State's ability to implement the authorized program. Program

changes ofconcern include· modification ofthe State's.legal authorities (i.e., statutes, regulations andjudicial or legislative actionsaffecting.those authorities), modifications of Memoranda ofAgreement or Understanding with other agencies, and modifications of resource levels (i.e., available orbudgeted personnel and funds). The State recognizes that program revisions must be made in-accordance with rhe provisions of40**~FR 27~.21,**  

### and that until approved by EPA, revisions are not authorized as RCRA Subtitle C requirements.

1 ,J "'.**~_** '. £.:**.:~** -:: ":-'1.(;**!~' :r:~t-i**  I; ',I

.. 11.::- r
..**:~** . ...; ". 

### 2. Annually, through developmentof.the State grant work program, EPA and the State will - agree on the type and frequency' ofreports' the State' will makein order for EPA.to maintain 

# 0 oversight ofthe implementation

### oith~**St~te's'authoiiz'ed program.··Su~hreporti~g**  will

. include, but not be limited to, the.**f~~owi?g:l** 

### .' ., -,:

_ -i


### a. Compliance monitoring and enforcementinforination (see subsection on RCRIS below); .' 'i' ': '{I.;



### ..., b. Information indicating' the status ofthe State's permitting, closure, post-closure, groundwater monitoring and corrective actionactivities (see subsection on RCRIS below);
c. Various reports designed.to accurately describe the status of

## th~ State's authorized program including biennial reports. summarizing the quantities andtypes of -hazardous waste generated, 

### transported, treated, stored'and disposed in the State; and

• • • -. •••••• - .' • _' o..J. H 

### d. Additional reports as negotiated in the annual State work plan, and updated facility status information as necessary.'

. ',' I .:'...
-

. :' 

### .. '" 

### 3. The State agrees to require new generators, transporters.and hazardous waste management facilities to obtain identification.riumbers consistent with the Dunn and Bradstreet Data Universal Numbering (DUN) system for businesses and General Service Administration Real Property Number, or equivalent, for governmental agencies. Pursuant to Section 3010 and according to agreements between EPA and Washington State, the State is responsible for receiving, processing, and verifying information on notification forms (Washington State Form 2) and for assigning EPA identification numbers. The State will receive and review all new and revised notifications ofdangerous waste activities and provide this information to the Regional Administrator within (20) working days ofreceipt.**~--~ ~-----.** **~.** 

### ----- -**~----~.** 

### _._- ---**~--** 

### -**-~.8~~~-_~~** 

### _ 

# o

# • .:**~r'~"** '": ••.•. ..... <40; :/l., l '-: _:'.--; ",- ,·,"1' '0

... : ::to "._.'**~;** _. . _, ..... ,', <: _,. _., " . ',_ •. 

### A. '-',. The State agreesto provide EPA with 

# acopy ofany decisions regardirig requests

# made by' f:·. 

### :;-;tiilzar"dous' wastehandlers to change their Classifications (e.g., requests to'be deleted as: ':

. . r "**J'~'I' ,,;j":""\-':~**  t T**'!.~** •**~'J'** •**f~ "~""(t"**  . . • -. ",

. ') ..,. -; •• _ • ,-.")j-.••• v,**~n.** '-'i J 

### -, generators 

### butto retain facility status) and copies offacility'requests' to-make ofi-sitechanges
(;- I. <0 :r tl ':'" r-
. - • -- ,'f

..**".".~.** • ••.• .'.

. '-0 -... . ..••••



### ..**I?!i<?~)()** 

### ·pe:.mit issuance (e.g., requests to handle additional wastes not identified on 

### the!'

.

.,

## t~f~~}~t's~~~il~1~~4'~c~&0~**~d ~~~-.r~';**  A

## ~~~t~ppli;~~ti~~ ..

## )~:~.~l;:

# ..**;~'.:~, :j~** **_~-:;t;:r'~'~'~~':;~** ·..,.:

...·i····\;

..... ... ; .... J"';'

..... •• ;**:'-.~** .;,. .... -. •**.~~~** "".... • • ...,..,;"-,. 

### 5. The State agrees to provide EPA with copies ofreports on data resulting from'

# any compliance inspection and subsequent enforcement actions, when EPA requests such copies. The State agrees to provide EPA with copies of enforcement actions upon request within 60 days of. 'issuance and in accordance to the StatelEPA Compliance Assurance Agreement.' "":

.., 

## 6: ,- • • • j.

.. • 

### As a law enforcement agencythe State agrees to'treat enforcement sensitive information received and so.marked !:?y EPA in accordance with the State's Public Disclosure'Act.chapter 42.1.7RCW, which provides for exceptions of information for public disclosure. . , ' .



# • • t'**::.~** 

### 7. The State agrees to provide any pertinent information requested by the Regional .X·' 

### Administrator or his or her designee within a mutually agreed upon time frame, as necessary for EPA to carry out its oversight responsibilities. Unless otherwise agreed upon, the above

. (j...... ;f;. • 

### information will be sent to: Director, Office ofWaste and Chemicals Management, EPA ': I 

### Region

### 10,1~90:6~,Avenue, Seattle, WA

### 9~1~)l-.1128. -: . .. ,..',',

- ..: i.' 'J.-.. •• : • .;' :_ : ... • ..•. •. •. t t • ;; /1 '.. , . .**;'~** Ii. .:**~~** .... 

### 8..

.The State agrees. to provide EPA with a copy ofeach State decisionregarding.variances and waivers**~t** 

### the time such requests are granted. Any request for a variance or**,Yf.~ver** 

### concerning a RCRA regulated waste will be sent to the Region 10 EPA**9~f~~e** 

### in**.S~attle** 

### for written comment before issuance. The department will respond in writing to any comments

. orconcems raised in the EPA review. All written responses will be provided to EPA before a

variance or. waiverin issued. ".' '

.

_ t • .. ii

.... :.



# • .....

### D. -RCRIS'**~'**

, .. .', " . .. 

### . RCRIS is anational database developed by EPA to provide an automated information management system for the storage, tracking, and analysis ofdata relating to State and Federal hazardous waste program activities: The system is designed to provide information needed to support Ecology and Region 10 in implementing.the'Resource Conservation. and Recovery Act**(RCRA)~** 

### aswell as information needed byRegion 10 andEPA Headquarters for their oversight functions

...

.-, :. .• -"I. '. t1 11": :!"." 

### EPA Region 10 and the'Department ofEcology will follow theterms ofthe RCRIS Memorandum ofUnderstanding (MOD). The purpose ofthe MOU is to define the terms and responsibilities for the management 'ofrequired data using the RCRIS system. Nothing in the RCRIS MOU will be interpreted to contravene the requirements of40 CPR Part 271.

E. Site Visits EPA is responsible for maintaining reliable national data on hazardous waste management. This data is used to report to the President and Congress on the achievements of the hazardous waste 9program and to supportEPA's regulatory, development 

### efforts, Whenever EPA determines that it

• , .• #.1.).1. J, .JL·.-, .l J·**·1"-~l** '.Ii:\. 7_ .' }b**~'J** r".; :.J II.· r**i,~t.r't._· q···;i~**  ·**~",'** -'J' • •

### needs;.tq~o~t~n_~~~1?-.;i?PJ?iIl~ti(W~ 

# RP.**.;\\Y~}~~~t.!~~~k.!q. g~~this** **}%~~a~p~frons** .th,e State. The 

# 0 State of.Washington agreestosupply the,Regional Administrator withthis information, ifreadily
.1 1 \.**~_** •• ..;._ •... I ....• ,. I • • ., •• ' •• 1**J.;,.~** .•**.r~** .,j, : •• t','**e.:.~+** . -.• available and as.resources allow. 

### Ifthe.Stateis unableto provide iheinformation or If it is

..•.. j

.. '. it . -.**j,l.-·I:·.~"1·"",** .f'L";;.5-J**-~!** t;;,'.c.**I~"** ", {;**~j.** 0,' "t I'i ." ...•. necessary to supplement. the State Information, 

### J;P**~Jna)"cpnduct.~ spec~at~tirvey**  orperform

.. .. ••
.. ""i**.'\.1~...** -.1.:

__ •• . • .1-,;- • I ·-:,.1

...... '
- .... ,;, •.•**~.** ' ••• ;. 'f,' information collection SIte VISIts 'after notifying the State. EPA WIll share WIth the State any

, ..**n~49~al** reports developed.by EPAas result ofsuchjnformationcollection..

.._ ....

. ..''-1 1 "

.........- ....**'!~.** ::1.. ' .• ..o_J • : ........... .1 !L. oC;.-,.i _,'oJ'**!~'.l.** • '.·,h

.. _ ••. " ..'.)4

.... ,
:i

U.ponreceiptofany information that the handling, storage, treatment,transportation, or disposal of hazardous wasteis endangering human health

# or the environment; theparty in receipt ofsuch

.information

# will immediately notify by 

### telephone the 'other 

### partyties) tothis Agreement of the existence ofsuch situation" The appropriate contactperson for Ecology will be the HWTR Program Manager; his EPAequivalent will be the appropriate contact person for Region 10.

. .:
...**~.** " . i ." " .' '. ," '

.**..,.,~** •. ' r**~.** . I
-

_ _ \.! • 

### G.: Confldentiallty"

•... ,.·w· • .t • .... . . .. . -'
.

i; 1.



## ... : ,

t: 

### , -2.

.-.J Any information obtained or used in theadministration ofthe-State program will be available to EPA upon request without restriction: 

### Ifthe information has been submitted to the State 

# ".**unae~** £C1airiiofconfidentiality, the:State must submit that claim to EPAwhen providing information. 

### Anymformation obtained from the Slate 

### andsubjectto a claim of

, "confidentiality will be·-treated in 'aecordance with the regulations in 40 CFR Part 2.

.**;.~~.** ..:-.; ,', :1 ,"i ·-t ••. rr:" ,-t -: : .; .: ..**~.** l' .'**"~ .~.)-;.~**  ... '. .' .' :

. EPA agrees to-furnish to the State information inits files which is not submitted under a

claim ofconfidentiality and which the State needs to implement its program. Subject to the conditions in 

### 40 CFR Part 2, EPA will furnish the State information submitted to EPA under

. a claim ofconfidentiality which the State needs to implement its program. All information

EPA agrees to transfer 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. The State will handle' such information consistent with its authorized program and with the 'terms ofthis MOA.- i; -:. '.'

. ',.
- ,'it, '.. •. .. 

# o**_,~,** " -", :.:.'

.... ,,:J I '..**,'~.** '::.r"

.. -': .... 3. . Except for criminal:referrals and court specified materials, EPA agrees to provide enforcement sensitive information to·the 

### State. Enforcementsensitive information may "'; include information, written or otherwise, that concerns potential or pending enforcement action.**When~a** formal enforcement-action is.taken, any document publicly filed and correspondence with the respondent, except for such documents and correspondence as would be entitled to privilege from discovery, is no longer considered enforcement sensitive. EPA will clearly indicate in writing which documents or othertypes ofinformation provided to the State are enforcement sensitive at the time they are provided. EPA will also notify the State in writing when any document is no longer considered enforcement sensitive. For any document considered by EPA to be enforcement sensitive, EPA will exercise its discretion on whether to release that document.

-- ----------**---~--10_._** 

# ()--.- -- --. •• -_.

__.•**--.~-----~._---_._-~** ---.,-,---- .•- •••-"_" ._ •••••_.; .=.>_o.-:-

__**~,_._._** •• . ._.,. '.


# • vt PERMIT ISSUANCE

" ,**3f~** --:-
..;fJ:**_'~<':"r::: .:,~**  i:_.:.**·r(1rT,~ ~){t** **·':;H~rl;:;.** 'f..' 1;1 ::':'.u

.. t.:**'1~ 'ib:~**  -i

••**~/e.'** -,**tt~_:'-:l'** ;q.G**~d;** ··;i· t .'**.·)r~~~::·:;_** ... :" ;" ji!':;i'**~n.~** :,;!**·t~li!'-i** .:



# • A. EPA Permitting**.r·~:** '**~:.** '

..**~'** : .' r: ;"

.. .•**"':.:'~** .. :.- ;: t :."**',H~** ii·· I.}**--~~- ~l-_**  ..t**~:;::y;. "'-'1"7;-:::~:':**  :,jFh

..... "_:'**~'C** 

### Upon .authorization 

### of the State program, EPA.

### will suspend issuance**ofFed(mypermit~** 

### for

•
..... •• • j
- .'**~.. ~.I:**  I. L W

.....' J-t

- . ..",.

- '::'0 --' • t...
. ....,. I, 1 j-l"{ ; 

### hazardous waste treatment, storage, and.disposalfacilities.for Whichthe State is receiving authorization. IfEPA'promulgates,·:s-tand.ards for

### ~dditio~ai'regulation~~m~dated'by HSWA that

.. ,', ·.·t .\l

.....**~..** '.J,.

.....-' c .J1· .•.•

_ "

.. - ;.,i_"'_. 

### are not covered by the Slate's authorized program, EPAwill issue and enforce RCRA permits in the

• .'

- .' • '.

. '.#' .'

_ • .•• ' •

. _,' • J-: ::.. : f f, • 

### State for, these new regulations until the,State**re~ei ~e.s**  

### final**~u~orization** 

### forequivalent and . consistent State standards. IfEPA promulgates new standards requiring 

# apermit modification, then EPA may, pursuant to 40 CFR 270.42(b)(6)(vii), extend the time period for final approval or denial of a modification request until such time that the State receives authorization for the new standards. At the time the State program is approved in the new areas, BfA.will suspend issuance ofFederal permits in the State, At the time the State program is'approved in the new areas, 'EPA arid the State will develop a strategy resulting in the transfer of permits andpermitting documents for those affected facilities. This strategy will include a timeline for transferring' those permits and permitting . documents to the State program and any pending permit applications, completedpermits.or

pertinent file information in conformance with the conditions ofthis Agreement.

'. • - " •• - • 1,

. i -

.. , .. 4 '"

.... •

_ 

### The State and EPA have agreed to ajoint permitting process (see Section VI.D. of this Agreement) for thejoint processing and enforcement of permits for those provisions of RCRA for. which the State does not have authorization. As the State receives authorization for additional provisions of RCRA, EPA will suspend issuance ofFederal permits in the State for those provisions.

• • '**~~'** - ..' • _, i

. i-.

. ','

. '

. : . _.: - . ;



### EPA's oversight function will focus'primarily on those facilities identified by the' State.and EPA in the approved annual State Grant Work Plan 'and the' State's'Program Description. The State and EPA will usually reach concurrence on permit conditions prior to issuance of the draft permit orapproval ofproposed permit modifications. EPA may comment in writing on any draftpermit or proposed permit modification; within forty-five days of its receipt, whether or not EPA commented on the permit application. EPA agrees that it is desirable to have a communication point of contact in 

### workingthroughthe draft permit.' '"" k' ; 

### ..... 

### B. EPA Oversight ofState Permits
•. i

.



### .- '; i,

-, , J

_ •• 

### For all RCRA permit actions written and issued on TSD facilities by the State ofWashington, there will be three opportunities for EPA review: 

# • 1) 

### The first opportunityfor review will be of the draft application submitted.by the TSD facility prior to completeness determination by-the State. EPA will review the draft application to aid in determining if all appropriate technical information has beenprovided. The purpose of this review is to avoid a situation where a permit is drafted and then cannot be issued due to a lack of information or inadequate information in 

## an: application. EPA's review comments will include the following: 1) ajustification, based on guidance or regulation, why additional or 11....... ..**~._._** ...**~~ -~--_.:::**  .**.:.~** ...:...- - -_--:

__**:..._-:....~.~** . ...:..**....;:..;--~---,~._-_._.~~---**



### different information is necessary, and 2) a specific description**qf:~~~~** 

### ..**Hq~g~~P~t?~ ~o** **"~~** 

### made in order to determine the application complete. These comments must be submitted in 

# 0 writing to the State in accordance with the application review schedule establishedby the

.**&~.** 

### . 2) ,fhe second opportunity for review will be ofthe initial draft of the permit prior to the public notice'process. This is aii\nfo"rmat

### revfeW~'fthe primary'piirpose

### ~fwhich is toidentify'ariy issues concernirig'the intent

# of ReM that should be resolved priorto 

### the-permit going to' 1 : 

### 'public comment:'EPA wilt include in their comments thefollowing: 

## i) a" statementofthe ' '; :reasonsfor thecomment (including the section ofRCRA and the:State regulations 'that' ',', support the comment); 2) the action that should be taken by the State in 

### orderto address the, :comments 

### (including the conditions which the 

### permitwouldinclude

### Ifitwere'issued by

.. , EPA). A will'respond during this review period in'accordance with-the review schedule

, ': set by the State. ' .:



### - .. - 

### 3) The third opportunity for review is the formalreview ofthe draft permit during the public 'comment period. During this review EPA may comment in writing on any draft permit or proposed permit modification,whetheror not EPA commented on thepermitapplication.

, , ,**..:~~:.** --'

, / 

### A 

### statementofthe reasons for the comment (including the section ofthe Statelaw or 'regulationsthat supports the comment), and " " "

• , ,( ,,',

. I, " • ' , '.; " 

### The actions that should be taken by the State in order to address the comment (including the conditions that the permit would include ifEPA issued it). 1. '


### 2. Where "EPAindicates in acomment that issuance,"modification; reissuance, termination or denial of the permit would be"inconsistent withthe approved State program, EPA willinclude in the comment:**!f'M~** ' .:**~.J** :.7 ;:. . f. :: '..



### ....EPA will send a copy ofits written comments to the permit applicant'only in

## thos~ cases

## ~here

,EPA and the,State cannot reach agreement,pursuant to 40 CFR 

### 271. 19(b). ,EPA will withdraw such comments when satisfied that theState has met or refuted its concerns and will also provide the permitapplicant with a copy of such withdrawal. The Regional Administrator'

# an~**t~~';;;ire~t~r ~ill**  agree to meet at the

# reque~t' of the.State in 'circumstances where comments by EPA on a draft or proposed, permit are not sufficientlyresolved by staffto allow issuance ofthe permit. If

### the State believes that the terms .imposed.by EPA staff comments are notjustified because of specific conditions or circumstances, the requestfor meeting may be initiated by the Director. The Regional Administrator will respond to such request with recommended meeting date(s) or will concur with the Director's suggested date within ten (10) working days of receiving the Director's request. The Regional Administrator and the Director will make maximum effort to meet within twenty (20) days ofthe Regional Administrator receiving the Director's request. An 

### agenda and briefing paper covering the issues needing resolution will be

,prepared by EPA and the State and both will be provided to the Regional Administrator and Director at.least five (5) working days before the scheduled meeting. ' ' 

# ()

---- .-.. 12. ......:._-- .-- "-' -"'."_".. - _.:......**--~..:_.:-_---** .:.._.-:._----.....:.._-'**'-~_._-~** .


# •

• . ," •• ',',

... ,.;. '. • ..... • - '. • ...... .-.. ,'.**~....** ..-. -' .• -'**~._~.:** .....' "'. r··- .: . -,t {t •• . 

### Upon request by the State and within EPA's resources and expertise constraints, EPA mayprovide technical assistance for permit actions:" This'Msistailce:'couldbe in

# the form ofusing Region 10' 'i 

### staff, or EPA contractor(s), as 

### agreedto in the approvedannual State grant workplan, '**l!~** :-;')".. ;
.**·._::·-l~,:** _ l ':.- .j;-'. I: ;'" ": -:J :-."

_ ... .>:
. ,.: . .: .;:**~~** .. t:l'i-· •..'**'i;:':.~** :-B .:k
1"

. 

### . . - ,
, . -,'" " "-

. "t',,·,·· , ",..', •. " ' 

### Under Section 3008(a)(3) ofRCRA, EPA may terminate a State-issued'permit in accordance with ",.. .- •. ', • _ -.'. • .;,-co, --:...: .' • ,'" .,._ 

### the 

### proceduresof40 CfR Part 124, Subpart**E~** 

### orbringanenforcemerit action 

### in ,accordance with the procedures of40 CPR Part 22 inthe case ofa violationof"aState program requirement." In c , 

### exercising these authorities, EPA

# will observe the conditions established in 40 CFR 271.19(e) and any other applicable authorities.



## 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 subject to the authorized provisions ofthe State's program and will do so in a manner consistent with RCRA as amended by HSWA: this Agreement, all applicable Federal requirements, and the State's Program.Description. The State agrees to issue, modify and reissue 

## all permits subject to the authorized,portions ofthe State's'program in accordance with . Chapter**~4.05** 

### RCW (Washington Administrative Procedures Act), ,Chapter 70.105 RCW,,' (Hazardous Waste Management Act), 'and Chapter 70.1051,) RCW (Model 

### Toxics Control Act), and to include as permit conditions 'all applicable'provisions

## 'of Chapter 173-303 WAC (Washington Dangerous Waste Regulations). 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 consider all comments EPA makes onpermitapplications and draft permits. The State agrees it is desirable to have a communication point ofcontact in working through the draft permit. The State will satisfy or refute EPA's concerns 'on a 

### particularpermit 'application, proposed

, permit modification, or draft permit in writing before issuing the permit or making the modification.**~.** • • I. • ,I ',- , 

### D. Joint Permitting Process ," :. -. :'



# • Pursuant to Section 3006(g)(1), and in accordance with RCRA, as amended, EPA has the authority to issue or denypermits or those portions ofpermits to facilities in Washington State for the requirements and prohibitions in or stemming from RCRA, until-the State's program is amendedto reflect those requirements and prohibitions and authorization is received for the portion or portions of the program. ' ';'**'~,.,** 

### EPA and Washington State hereby establish this joint permitting process for the issuance ofRCRA permits in Washington State. Thisjoint permitting process is established in accordance with Section 3006 ofRCRA. The administrative details ofthe joint permitting process will be incorporated into the annual State grant work plan. The duties and responsibilities ofEPA and the State forjoint permitting, including worksharing agreements, will also be specified in the annual State grant work plan.

13_4 .::....._.

__ •

__• .•_._..**.~-:** . .•.•

iJ'he**~tai!~oft!I~joj.pt.~tting**processas contained 

### in the.**S~U?gr:ant.'t'o~kpl~!:~ill ~~e\y~**  and

revised**~,p~~** as.. necessary.butno 

### less oftenthan annually to**~~~ its,.co~tinu~** **~p~?P.I1,at~~~~~** ....:**·~f::·~~~:·~..=. ~('t.~t'i** **.~** It:

. ,.'.".**~--!~** <;
.. <>: :**_,~** I**~.** :"",L r . ; •• "**;~:** •.**:~.** Upon 

### authorization ofthe State for any 'Ofthe provisions ofRCRA, the specifics of the Joint Permitting

### }~~I.Jle.Il.t. as,set 

## In the annual State

### ~~**_'Y0~k** pl3?

### wl11.~**~ended** to

### ~flect**~~,~uthoriz~on.** '.:. Amendment ofthis Memorandum.ofAgreementor the execution of a separate Memorandum of, ,

- ..... •• ., •. , .. :..t • -**~.** _ ....**.~** • • ... ..\. '.' t •• l: • .,.. . \... ,'" '_ J'

. - -1> Agreement**~y.** be 

### required.forauthorization' ofany ofthe 

### provisionsofHSWA.**,~::,** ". ': . ,

.......... ....... ri'**-.~** ........ ; •• ' .1'·!'4'**'~,J.** __ •.**~~** +.' _I' t ,.of:.,_**~:.;** •.**_~** _

. ! t' "",

..... {; .• ' '"': .•. , 

# o

VII. PERMIT ADMINISTRATION
A. EPA EPAwiH administer the' RCRA'permits or portions ofpermits it has issued to facilities in the State until they expire

# or areterminated. EPA will be responsible for enforcing the terms and conditions ofthe**~ed~ral-** 

### permitswhile they 

### remainin force. When the State either'incorporates the terms and conditions ofthe Federal permitsin State RCRA permits 

## Ofissues State**RC~A** permits to those facilities, EPA 

### willterminate those permits pursuant to 40 CFRPaIt'270 

### andrely on 

### the State to enforce those terms and conditions subject to the terms 

# as agreed 

### tointhe**StatelEPA~Compliance** Assurance Agreement, July 1997.' - . '.**.~** ..

-. '_..:. _.., •r• •

_ -.. ..... • . c;..,·. r
..,.**.~** r 

### B. State

. ';.

. .. :-' . . ..'/i.

_ • ..... ."**~'.** .'**~t** 

# o
The State agrees to review all hazardous waste permits which were issuedunder State law prior to the effecti;ve date ofthis Agreementin accordance with

### ~O CFR 271.13(d);.and to modify, or revoke and reissue" such permits as necessary to require compliance with the amended State Program. The State will notify EPA otany permits not equivalent to Federal permit requirements, including any

....permits that have been issued but are pending administrative orjudicial appeal. Except for these

non-equivalent permits, once EPA has determined that the State has fulfilled the requirements of40 CFR 271.13(d), EPA will terminate the applicable Federal permit, or Federal 

### portion of the permit, pursuant to the procedures in 40 CFR 124.5(d), notify the State that 

### thepermit is terminated, and no longer. administer those. permits or portions ofpermits for which the State.is authorized, ,; .. ,**-~.** . • & • ..0**+~** +._, Where the State permit is not equivalent to Federal permit requirements,the State may' modify, or revoke and reissue, its permit as necessary to require compliance with its authorized: program in a manner consistent with RCRA as amended by HSWA. Ifthe State does not modify, or revoke and reissue, a permit equivalent to the Federal permit, EPA will administer and enforce its permit until it expires or is terminated

.

.. '.;... \

. J:<. :" Upon the effective date ofan equivalent State permit, EPA will terminate the Federal permit pursuant to 40 CFR 271.8(b)(6) and 124.5 (d). EPA will notify the permittee by certified mail of its 

### intentto terminate the Federal permit, and give the permittee 30 days in which to agree or object to termination ofthe permit. ' The State agrees to resolve all State permit appeals in a manner consistent with its authorized 

# 0 RCRA program. -14,**-~** -- . --**-~'. "'-~**  - .----_ .....

### _- '-'-'-**--~_** .._- _. - .. , 

# • VIII. CORRECTIVE'ACTION PROGRAMIMPLEl\1ENTATION
A. General, Corrective Action Policy ." ; '-:'"

, _ .. t



# • ·_·\:t!,.**~,"!"~;** .. :.:**""!~~** ..**I~;'** :·J.:rt;1:!**L,:~:'~ "lD~r~** **.~.:.;g~~·1!·** [;44'

. )**·l.l:J:~ i.'C:l"~"'q**  . .; . "''-'.- "t-·':

... :',' As indicated in the Policy Section (Section 

### Ilj.ofthis M9A, 

### the State. and**~A** 

### havedeveloped an innovative and precedent setting program for implementation ofRCRA corrective action ., requirements at dangerous waste management 

### facilities jn.W

### ashington. Washington may 

### -implement RCRA corrective action requirements using

### ~-;enforceable orderor decreeissued pursuant to the State cleanup-authority, the Model Toxics Coritrol.Act (MTCA) and 

### its" ':

..**~.** ... )..... • • ! .,. .,**.,.~** J.. U' ' "..

.. . _. '. implementing regulations, in Chapter 173-340 WAC (for specific details, "seeFederal Register November 4, 1994, 59 FR 55322, which is attached as' Appendix A to this MOA).


### B. Coordination with EPA andTransition from Federal Administration to State Administration of Correction Action This section sets forth 

### themanner in which 

### the-State will coordinate with EPA in adniinistering the State corrective action program..The State program is and will be administered by·Ecology. The State and EPA agree that consistent coordination and communication is important to successful implementation ofa corrective action program. 

### In order to foster such coordination and communication, EPA and Ecology intend to inform each other as early as possible ofanticipated or pending corrective action orders. At a minimum, anticipated Federal and State actions will be coordinated through' annual negotiations oftheState grant- workplan 'and periodic sites meetings

. ;

. . rj,**"..:..~** :r On November**~'''1994,** the State began to administer and 'enforce RCRA corrective action' requirements withiri the: State ofWashington. EPA actions which fall under the Federal omnibus authority ofSecti'on'3005(c)(3}ofRCRA, 42 U.S.C. 

### § 6925(c)(3), and/or which are Federal 

### enforcementauthorities, including actions issued pursuant to Sections 3008(h), 3013, or 7003 of

.... RCRA, 42'U.S.C. 

### §§ 6928(h), 6934, or 6973, continue to be administered by EPA. 

### In addition,

HSWA amendments for which the 'State has not been authorized continue to be administered and enforced by EPA. 

## C. RCRA Facility Assessments (RF

### As)



# • .... · .... f , \ A RCRA 

### facility

## ~s~ssment is typically the 

### first step in 

### implementation ofcorrectiveaction'

## .~. , requirements. The State andEPA agree that the purpose ofa RCRA facility assessment is to identify all solid waste management units at a,facility and to evaluate those units in terms ofreleases or potential

. releases ofhazardous waste and/orhazardous constituents. The State agrees that all State-conducted RCRA facility.assessments will include a preliminary review ofavailable, informationofthe facility and a visual site inspection to confmn historical information and to inspect for evidence ofreleases. 

### Ifreleases are observed or suspected, a sampling visit may 

### be**con~ucted** to assess contamination. Ecology agrees to perform orprovide for a RCRA facility assessment at all facilities seeking or required to have a permitunderRCRA. EPA and Ecology agree to negotiate schedules for the State to implement RCRA facility assessments for facilities subjectto 

### RFAs during annual negotiations ofthe grant workplan. 15

# o

s ", ;

## .... 

# •

• • The corrective action implementation process includes the following tasks: (

• Investigation ofreleases; Z'.:1'.·**fO·~:)·** • ·,.,:'··/1:'!

.... ·')H··;: .r,


### • Characterization ofreleases, potentially contaminated media, and routes of exposure which
"" . - mayaffect human health and the ert\rfronment; .o.', ••·", .;Gi;

...

### ? '. 

## ',,"< "'il ;**.~":>** •.. ,.J'1: -:


### • '**StUdY'orpotentii!lrei~~es;':~;;' ;r:~f·r~fC"::f~** **;r';:-:~** .:!':;' 1,'-' :',·::?Jf):3b=..

..._·!**.:'i'r;;:L~vl'** :::,.


### • Study ofpotential corrective measuresi " -.".;

- ..C": :;,.:. 1•. '.'! ."U:1"')l': 'J ""'.';**~i:.',;::'·** 

### • ':'Planii"ingofcorrectlveactioAme3:sures:: i>

..**~·:L'.** 't·;,.··.:' :1,:;;:,,: ;C/ "':.!',"

#.', • '. ; • .::. '":0- '.: .' _-, ' . ,_,", • ,.**-~,** -, .....**~~.'** .' •. ::J f. ._ . 

### . ,Selection ofclean upstandards, correctivemeasiIres, and enforceableperformance standards

. that ensure' the 'effectiveness of the remedy, after allowing for public participation in the**~,**



### selection process; . .". ....,. . a.. r : 

### Implementation of

### corrective measures; Monitoring ofthe long-term effects of corrective measures.

" 

### .. . " 

### The corrective action implementation process may include additional tasks. Ecology has authority under Chapter 70.105 RCW and/or Chapter 70.105D RCW to-compel 

### owner/operators of RCRA facilities to complete all corrective action process tasks.identified.above.

[ ...... '! '." .**.~** '.. .. 

### E.

.. ' CorrectiveAction Financial Assurance i J.:::.; ( '. .":'.' _, "

.' -; ....**~.** #**~:** •**.".\i~j·** ..**:.:~:** oJ·-.' !'':."' ). "

...**f·~./·** .... • "..... • 

### The State and EPA agree that requirementsfor corrective.action financial assurance benefit

.. 

# 0 regulatory agencies by ensuring that adequate resources are available to complete corrective actions, ' EPA and the State agree to implement these requirements in order to compel owner/operators of facilities subject to corrective action to fulfill their corrective 'action obligations., Ecology has promulgated regulations atWAC 173-303-646(2) that require financial assurance for corrective , action.activities at dangerous wastemanagement facilities. Ecology agrees,to require financial assurance for completion ofcorrective action activities in accordance with WAC 113-30.3-646(2) 'and/orWAC 173-340-440(6) to fulfill the requirements of.WAC 173-:303-646.

.



### F. Public Participation in Corrective Action Remedy Selection

- . • , t

. -.'

.....,,;'**~..'"** .' ; r Y f' ,: 

### The State and EPA Region 10 agree that adequate provisions for public participation in corrective actionremedy selections are an integralpart ofthe corrective action program, that regulatory agencies have 

# a responsibility to provide for adequate and meaningful public participation opportunities. 'Federal implementation ofcorrectiveaction provides for public participation in corrective action remedy selections. Ecology has public participation provisions in the Dangerous Waste Regulations and in the" Model Toxics Control Act Regulations. Ecology agrees to provide for public participation, including'public participation in selection of corrective action remedies, which, at a minimum, includes the following: ." ;;".


# • Public Mail Out. Ecology agrees that public notice will be mailed.to persons who reside within the potentially affected vicinity ofthe proposed corrective action remedy. The public will be given a minimum ofthirty (30) days to provide comment on the proposed corrective action remedy, unless other authorized program requirements are applicable. 

### 16

- 

# (), "

... "

__ ....'

__--::_-0..

__.•._':'

__ .• .;:_".

_ ... _= '.,...**:':_~** __._. 

# •

•

• i ·'\C-1 ••**~··! '.~'**  :'.**.~** ..**~\M'"** ,.it, ". '1,,, , .......', •••**_-:'~.-'Jr.l** .,... tJ. • Newspaper Notice, Ecology agrees thatnotice ofthe proposed correctiveactionremedy WIll ,be published.in,the newspaper ofthe largest circulation in the .city or county ofthe proposed

" ,action?y

## ,dis~!~f~~;)egai'.~o~ce~'o!**?Itherap~~?i?date fo~~~'.** **·~otic'~'bf-.~~!.~!~~b};~~,:~·,**

,.. :,'

### .,correc~ve**a~tI()nre~edr~!~~.co~~urre~~ly ~e** **m~led** ...

### t9~~y**~t~er ~~.'1'S-?~~R4-~** **t!l-~rFfB1?gy** ""

### det~~~e~.to~~**,app~opnate.** The pu!?lIc, will

### be:alI91w~~.a**~~mu~,ofjthirty ~~?~f~Y.ft~** 

._provide.commenton the proposed corrective action remedy, unless otherauthofized.,". ,**1)~** ••. ,) •.**J.,~'** .•.• ...104' a , r •••.••• , ,,,"

...**;f'.~:;:'-"I;·.J.'·!;·--:,\~-L·**

program requirements are applicable. ' -,., ,, ,- :**~::** '

..<'
-**~~** . .'".,**~~}.:** 

### l'1

.
• Public meeting. Ecology agrees that if, during the public comment period, ten or more persons request public meeting on theproposed**co~ective actio~** **remedy~** Ecology will hold a public meeting for the' purpose:ofreceiving public comments. '..'

• J**.~** 

### G. CleanapStandards and Levels, and Remedy Selection
t

.. .1

. The State andEPA agree that consistent, environmentally protective cleanup standards andlevels are " essential to the'success of a corrective action program. The State and EPA agree thatconsistency between environmental agencies in application ofavailable cleanup standards and levels is preferred.
EPA and Ecology agree that the Model Toxics Control Act Regulations establish minimum State cleanup standards ofcumulative carcinogenic risk no greater than l(},s; risks from individual carcinogens at no greater than 

### 10-6 for residential sites and 

### 10-5 for industrial sites; and for

### non-cardnogellic'substarices"~lthsimilar'heaItit effects, 

### a hazard'index'of

### nogreaterthan'(I) may beused to fulfill the requirements bfWAC 173-303-646(3). ' , , ,**::;,~,** ,";, ';-" "**·_L·~:.·** '1.<_: •**.;~"** :

__ :., . ,t ;., } ; ,', ;.·r -".**·~ _,.·;l~.·,··.·**  Ecology 

### 'will'

### est~blish site and

### ~edia specific'corrective action cleanup levels and select final '. corrective action remedies using the MTCA cleanup standards. The'State agrees that 'site specific cleanup levels will, at a minimum, be no less stringent than those required under RCRA. The State and.EPA, acknowledge that

# as ofthe effective date ofthis MOA, RCRA' and the regulations '

.... promulgated thereunder require corrective action provisions be included in'RCRA perinits as'

necessary. to protect human health arid the environment, but do not contain provisions for media, specific cleanup standards or levels.. .The State and EPA agree that in the absence offinal media specific cleanup levels under RCRA, State cleanup levels will be evaluated against the proposed media protection standards calculated pursuant to proposed" 40C.F.R. 

### § 264.525(d) (located in draft Subpart S). 

### In the event that EPA promulgates final cleanup levels applicable to RCRA, the State 

### willensure-that

## the State cleanup levels will, at a minimum, be noless stringentthan those required under RCRA, in accordance with the applicable authorization requirements.
The State and EPA agree that site and media specific cleanup levels calculated using the MTCA , cleanup standards may be more stringent than Federally calculated cleanup levels. 

### In,the case of Federally overseen corrective actions where achievement ofFederally selected final remedies does not achieve compliance with MrCA cleanup standards, the State may require additional cleanup under independent State authority. 

### In order to minimize circumstances,where sequential and potentially duplicative cleanups may be necessary, EPA intends to consider the mediaprotection standards established pursuant to the MTCA regulations when selecting corrective action remedies

. EPA further intends to provide opportunities for Ecology to participate in the Federal peer review ,panel for final corrective action remedy selections. 17_ •.. , L ••••**,_~** __ • •• _ ••

_ ." _.'OJ. •

I 

### H•. " .Coordination ofState andFederal AC;tions.

.. .. ; :,.. .. -r .lr -c' ,', " •.**~... ~..**  J

... ,**~..... .io'~**  

### ·01...

_ .....**j.~.~.** -'f' '.: , .• 1.;;.•• J**r~·~·** . ---**~J';;'J-** .,.'! ,.J'

.. '.'::".,' :'"

. 

# 0

.TIid. Staib m:id

# EPA agree that

## 'c'o~'si~tetit~c96icifIi~tion'ai{d

## 6omk8ni'cati~: 

# betWeen'reghlatory

agencies is important to

### succ'essfunnipl~iDentation 'ora correctiveaction 

## prbgr.ilii. Iii order to

, foster

# such coordination and

### coinmuniditi~~~iEPAmd Ecologyintend'to inform each other as early

.- • - "

.. ' . '- ,-'"

. '\1 .,**.~.** ..-. '-;'.')-;" p. ; ._. '\.-: ••• 

### as possible ofanticipated or pendingcorrectiveaction orders. At aminimum, anticipated Federal and state actions will

## be coordinated through 

### theannualnegciiatioris bfthe'annualState'grant workplan and periodic sites meetings:

. . '" '

... ;. :'

.. " ,."',;t.!

. .: .' 

### . 

## I. '\.- -.. .'.:.**~:** l ;.: j •
. ..**~.,** -". .J •. ,I. ;:..":1, I 

### Applicable, Relevant and Appropriate Requirements (ARARs) '" '..

.. . :. r.. : 

### The Model Toxics ControlAct, pursuant to WAC 173-303-646(3), contains provisions for incorporating applicable, relevant and appropriaterequirements ("ARARs") from other laws into cleanup decisions. Ecology will use the 

# ARAR process tothe extent required by RCW 70.105D.030(2)(d} and WAC 173-340-710 to

### fulfill, the requirements ofWAC 173-303-646(3). Ecology intends to use the ARAR process under MTCA constructively, and will not allow application ofMTCA ARARs to unduly delay issuance ofRCRA orders orpermits. "

. . 1 ;') •. _


## , J. ,Corrective Actlen.Requirements in State Issued Permits.

....

. • ........ :; _ .. ' ••. '. ',: • .1.' .....,. • .'.' I :" . '.**~;** . ".

.**~.** 1) f

. .-:
."'. : 1'· :,. .-' " . '.

. ... " :. - ;' '...., ' 

### The Stateagrees tospecify COrrective**acti6n'~eqwre¢erits** 

### andschedules .ofcompliancefor

..
" •••

_ ., ,: J '>·.;'·:r

..'

.. ,. , . • •
. 

### corrective action into all State issueddangerouswaste management permits. Corrective action and schedules ofcompliance for corrective action will'be'either incorporated into permits' by reference 

# (J at the time ofpermit.issuance, orbe incorporated into existing permits as permit conditions using the permit modification process, '

.. ' _.;. '. .: '. "',

. •**.~** '. • , , • _. • l , • 

### All permits 

### issuedby EPA prior to

### fi~al authorization ofthe State for

### correctiv~ action will continue to be.administered by EPA until the issuance, orreissuance after modification, of the State permit. "Upon the effective date ofthe issuance, orreissuance after modification, ofthe State permit to .

incorporate authorized State requirements, those EPA-issued permit provisions for'which the State 'is authorized

# to administer and enforce will expire. HSWA provisions for which the State is not authorized will continue in effect under the EPA-issued permit.

. . . .'. :'"

. 

## . .-' " '..,..**~:-..** 

### -. t

...,_ 

### IX. OTHER FEDERAL LAWS·THAT MAYAPPLY TO'ISSUANCE OF PERMITS
;'. •• : . "

...,ii :'-- 

### EPA retains responsibility for administration and/or enforcement ofother Federal laws that may apply to the issuance ofpermits (see 

### 40C.ER. 

### § 270.3). EPA and the State agree to coordinate to the greatest degree possible any permit actions to which the following laws may apply: The Wild and Scenic Rivers Act, 16 U.S.C. § 

### 1273, et seq.; 'the National Historic Preservation Act of 1966, 16 U.S.C. 

### § 470, et seq.; the Endangered Species Act of 1966, 16 U.S.C

.. 

### § 1531, et 

### seq.; (including the consultation provision ofSection 7); the Coastal Zone Management Act, 16 U.S.c. 

### § 1451, et seq.; and the Fish and Wildlife Coordination Act, 16 U.S.C. § 

### 661, 

### et.seq. The State agrees that, at a

. minimum, EPA will be made aware ofanticipated State actions through annual negotiations ofthe

grant workplan and periodic sites meetings. 

# 0

18'.**--~** ':,,-...**'-'~** ..

### -**-~** ... - .. .**'-::'~:.** 

# • 'i!

### X~'(;i:'C()MPLIANcE 

## MONITORING AND 

### ENFORCEMENT :JfF: .(. ;:w, 

### .r : ;WVT

### ~,,~~ ;**~~;D;' ,~**  .. ('. Op{ ••**~~** •• :**\~,: :~i'**  . :**~~ ,~~,.,:<:**  "-$ ., Or)**'~"".{ -"~** **·!>:::.'"\;:~f** Jd! ", l/ '

..**~'''' ._:~**  .b:**~t.,l**



## .thd State

# 'ofWashington has"primary,responsibility for compliance and enforcement actions within

theapprovedState program and under State statutory and regulatory authority. EPA retains_

.

. r. - ..,.. .'

. . . . ' 'I". ,. • .
........ . ...." "**~1.** .' • io' ,.,. • _ • .'t-.
- -J 

### responsibility for 'ensuring fair and effective enforcementofFederal requirements and

# a credible ''I:'', -1- •••.., '.,. '._ .' ."." ",_',,'

_**:).~** ."....,.

..**~"** .. ' ','

- , '.;l

.



### national deterrence to noncompliance through an'effectiveState/Federal partnership and'

# art""··· ., . .. ...., ..,.. "1 ,.... . -, . i _.. .... ... •
..... --.. •• .<ot •• - .• .,... ("' ,-' •. , ,__ • _._", 

### oversight role. The State and EPA agree that the following elements are helpfulfor' an effective

. enforcement andcompliance monitoring program.under 

### final authorization: 1)0

### ciear'oversi8ht"-· ' criteria

### sp'~dfiled in advance for

### ~rogr~perfoimance evaluation:

..2) 

### ere'ar

### criteria for 

### directFederal

.enforcement'specified'in advance 'with written'procedures for advance consultation and notification;

, . " " .' ,. 

### .-
- .. '. '. 

### and, 3) adequate State reporting to ensure effective oversight. .' --, -, ','''.''

. . . . .,.'

..'**~..** . .;:.- .. . J\; '1 • • • 

### Ao EPA .**~.y** ", -'
-

, :

< •



# •

• Nothing in this Agreement will restrict EPA's right to inspect any hazardous waste generator, transporter or 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 a release ofhazardous waste or constituent. Before conducting an inspection of a generator, transporter orfacility, the Regional Administrator will normally give the State at least ten (10) days notice of the intent to inspect, unless EPA.·hasreason to believe that the situation 

### maypose.significantharm to human health andlorto'the environment, and as agreed to

### in the StatelEPA Compliance AssuranceAgreement

.. : ShouldEPA choose to conduct independent oversight inspections, EPA. will give an Ecology ;

. representative 

## a minimum 

### Often (10) working-days written.notice ofits intent to do so'arid will give -'the Department of Ecology an opportunity to attend. The frequency ofEPA oversight and training

inspections will be specified in the annual State grant work program. 'EPA will negotiate on an annual basis with the State the number or percentage of the State's compliance inspections on which EPA will accompanythe State.

.. '

.. ; '.,. .' ',:..' ,. J..

.



### ...., If'EP

### A has' 'concern about a particular facility orcompliance situation, they willrequest that the

.Department peiform an inspection, andfifteen (15) working days prior notice will be the standard business practice: This notice may be oral initially, butwill be provided to Ecology in writing at least ten (10) workingdays in advance ofthe date that EPA would, conductan inspection. .Jf 

### the 'State performs a compliance inspection and submits to EPA a report and data relevant. thereto within that time, no EPA inspection will be made, unless the Regional Administrator has reason to believe that there is an imminent hazard to human health and the environment or deems the State report and data to be inadequate. In case ofan imminent hazard to human health and the

., . environment. the Regional Administrator may shorten or waive the notice period.

.

- . . ,'.

. • ....... 1

. .**~;.:-** 

### For purposes of oversight compliance inspections and'enforcement, EPA willmaintain a policy of "no sUl1?rises" to ensure the.productive use of**li~te~ St~t~**  

### and Federal resources and an effective "partnership" in achieving compliance. This principle should be applied to allaspectsofthe ,'. compliance and enforcement program; covering inspections.enforcement activities.press releases, and public information, and management data 

### summaries uponwhich State andnational '. performance are'assessed. In order to guarantee that there is ample advance notification, EPA
e > 

### . agrees to conferwith the State to establish agreement' in writing and:reach a clear, consistent "

understanding on the following matters: a) Advance notification ofintended'inspections and 19'" "

enforcement actions; 

## b)Specificidentification ofwho, will be notifiedt.,c) How the notification will be done; d) When the

### notificatio;wiii~c~ur;'and, 'e)'Oefine'ibe piocess'foiStatelFederiI ' • 

# 0**nL<!.onsult~49!1.~~tc!i~pu~~. ~s21~9-.9-!1**  ..

### ~~**~pfo~e~~!1~ .~ct}9~~** **~4,policy ¥Id:~~gW~fory** **i?terpr7~~tion.** :t;

..**·~r.'.i1.i:..'l~** ,.-**,.t',)1.~;L=&::;** r-':}J.e:Li-!3'1**h!L:~ '··~OJi.~:~;;,.** **;t.3~,-=~** "".':'l,.:--'

..**!~** 'T-:: '

..**:'~"'.:~ ~~:;**  . ""'{i"'**.t'~~** The wntten. agreement..established on,the above matters. is the "StatelEPA Compliance Assurance • '.• l.-V J '.. .1 •• ' • -. I, I· 1 t I" I • U**~1;** •• j I....... " • " • • . '. s.**~.** " .

- Agreement",**an~ntii~ereby'** incQffiorated.byreference into thisMemorandum ofAgreement.. The

.....**'~4!1' ~',**  ••.•. I,**·~,;.r.)l..:** "';;' .1.: j ' '. _. . _ .• ,., '., 1"1**~t·)** • • : ' ",,

. . .•. '

..**:~.~** intent**q~** the**_co;mplim:tc~** assurance agreement is**t~** providea basis for implementing aneffective

.

### StateiF~d.~nit enforcenieni.relation·ship,:)'he

### cO~p'ii;mce' assurance

### _agie'eni~nt identifies oyersigh;**1~-1"-"-~** l,.. -.**"".'-#".'~** l'**~1...** ••.. , ,,·t " .,. :'.criteria, standards for assessing compliancearideiiforcemerit performance standards, protocols'for

### ~:'notification,**'consuiiation',~oveifiling:** oli'RCRJ\"em6icementmatters, and State reporting. This'

_ • ,'

•• ';'._ l-l' ,1-;1 ,oJ, . -, . 1_;"'·

.... ,. if'

.... ):." ,4' _ '.' _ 4 ",

- j- • ' •• ' , 1, ".

. compliance assurance agreement alsodelineates the'relationship of

## the State compliance assurance policy to the compliance strategy and 'thecompliance assurance agreement itself. The objective of the compliance assurance agreement is to maintain a stable, predictable, and coordinated compliance and enforcement presence and the 

### objective must be consistent with the requirements of 40 

### CPR Part 271.

• ,.-\J..} "t',

.. ! l \:s... EPA also-agrees toinform the State in writing in a timely manner ofany national or regional policy changes or program direction changes and will generally allow the State a·minimum of ninety (90) days to implementthose changes. "'"' ,... .: ;" f**;~~~::** .. '; i I ;
... ,._ ' .. (:1:.-_'._ t -.

_ .• \ r ".**_~** '..

.. .... "',.;' "

.. EPA maytake.enforcement action against any person determined tobe in

### violati~n ofRCRA

### i~ . accordancewithSection.3008(a)(2). EPAwill take 

### enforcement action upon determiningthat the State 

### has.not.takentimelyand appropriate enforcement

### action or:

### uponrequest**~y** the State. Pri'orto

- ··issuinga compliance order under Section.3008(a) EPA-will give notice to the State. EPA also, " 

# n

..retains its rights to 

### issue-orders. and bring actions under Sections 3008(h), 3013 and7003 of RCRA .,.

and any otherapplicable Federal statute, ,. i." "" '

-

l**''::i.;'~** __ .'

..**_;~:,** . -; ,.**~:-.** ".

. '" :,_. ..' /:1 '

. After notice to the State, EPA may take action'under Section 3008 ofRCRA. against a holder ofa 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.Section 3008 ofRCRA against a holder ofa Stateissuedpermit on the.grounds thatthe permittee is riot complying with a condition that the Regional Administrator, in commenting onthat 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.v:

. . L

... :.";l",":,;,;' --;.-;,. ,,;"

• " j'i' ;.:
. -: ); i 

### B. State:

.. \ in

.. '· t··**-~~" ~:,**  :..,'

..**~_; ,~··'l.1** **~:**

. '


### .. , ".**'';'':~:~:~''''** ::

. .'



### . 

## '.

..

. '
, 7:'

... ! ." r .
As a part oftheRegulatory Reform Act of i995,the Washington State Legislature adopted ESHB 1010, codified at Chapter 43.05 ofthe Revised Code ofWashington (RCW). Portions of Chapter 43:05 RCW limited 

### Ecology's authority to issue 

### penaltiesincertain circumstances. See RCW 43.05.050 through .070. These limitations threatened the validity ofWashington's Dangerous' Waste' Program becauseECology's authorization'is dependent upon its program being at least as stringent asthe Federal RCRA program. To ensure that Washington's Dangerous Waste Program is as stringent as 

### theFederal RCRA program, 

### Ecology determined pursuant to RCW·43.05:901 that 'the 

### limitations ofEcology's authority to issue penalties in RCW 43.05.050 through .070 would not /) apply to the portions ofthe State Dangerous Waste Program that implement Federal RCRA '" ('-...
20**_...:.---.~** - ._: _. -:._.=..:..;_ .... '-

.. ---**--'--"-'~- ~~_-.:.:.....-.-** **~-- .~~.'**  

# •

•

..... requirements.

### No'ii~;(r**~~\'sent** to

# 'the**Govern~rand'the** Legi'slitufe asrequired by RCW 43.05.901 on December 10, 1997: 

### Acccrdingly.Bcologyhas resolvedanyissuesraised by Chapter·43.05 RCW concerning this authorization 

### request by agreeing to abide by 

### Ecology's interpretation of Washington's ESHB 1010 containedin Ecology's letter to Washington's governor, dated-December 10,1997. 'r .;

### ~. ;"

### ;"'-~' " ,-, .'

### ::~ ..

### ~,,' ":'"

### ~:;. -,

### ''';·.··-·l~: .. •..

### ~,".: .. '"

### '.;~'~ - 

### The State' agrees to carry out a 

### timely.'and effective program for monitoring compliance by generators, transporters, and facilities with applicable program'requirements (see 40.CFR 271.15). As part of this program, the State will conduct inspections to assess compliance Withgenerator and transporter standards (including manifest requirements), facility 

### standards, permit requirements (including late or deficient Part B applications); compliance schedules;' and 

### all other program requirements. Compliancemonitoring'activities and priorities will be 

### specifiedin the StatelEPA ComplianceAssurance Agreement and the annual State grant workplan and will be consistent with all applicable Federal requirements and with the State's Program Description.

. - - ..'. . 

### .- ....-. ". 

### The State agrees to take timely

### andapp~opriate enforcement action

# as defined in: the StatelEPA Compliance AssuranceAgreement; the HWTR Compliance Assurance Policy (policy 3.1, effective date: June 19, 1997) and its related attachments; and/or, as 

### definedin the annual State 

### grant workplan. The State will maintain procedures for receiving and ensuring proper consideration or information about violations submitted by the 

### public.. '. In civil enforcement proceedings, the Department agrees not to oppose interventionallowed under Civil Rule for Superior Court 24, on the grounds that the,applicant's interest is adequately represented by the State

...; r,; , , " , .,. .1:." ., '"

. .. i, 

### The State agrees to retain all records for at least three years unless there is an enforcement action pending. The State agrees to provide all records to EPA upon request. 

### If there is an enforcement action pending, all records will be retained until such action is resolved

.


### XI. AVAILABILITY OF INFORMATION (Section 3006(1))

A. General

, 

### . .. ".::"

OJ

.. :.


### . . 

### Section 3006(f)"ofRCRA requires that an authorized state provide 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 ifthe Administrator were carrying out the provisions of this subtitle in the state. .



### B. Requests 

### for Information 

# • 1. 

### Pursuant to the Federal Freedom ofInformation Act (FOIA), 5 U.S.C. 552(a)(2), the State agrees to make certain materials routinely available without a formal FOIA request. Examples of these materials are final opinions or orders in case adjudication, State regulations, statements of Agency policy, and administrative staffmanuals affecting the 21·,;
..**~_** ..:.**"~",;.** -= .:-'.:.

..... -_.'.



### ,.: public. In addition, records prepared**f09·outinepublic_~stri~~t.i9P. ~~ll**  

### ...**'ll.~o be;~~,~~jl.;,j:'**  

### . (\) ::.available. Examples ofsuch records are press releases, copies ofspeeches, pamphlets, and

" ••

__ ..'"

_ _..... •**.~** •. 1 • 'C_. ..'**~.~.J.** 10

......



### . . educational

### ma~~rials. !" .• '; '.,' •

### '~;:; _,:"

### .~**,:;:'~L** "',' .;,-; ,,:;s'··

### ;:,.:.:;~:.~ ';;j

### .r}"i:'~::/~·' '.;i

,.1 .". ".-**~'-** _.". -. "'I " ' ••**~'** • ' .• I·... ?,**~.** ..... .;':'"

. . . or ., .... . .._**I"~** 

### 2.'" The State Agency agrees to make reasonable'efforts to 

### assist

# a: requestor in

### identifying>

.. records being sought, and to help the requestor formulate his or herrequest. :.-!.,' i-, 

### 3. If a request for information is denied, the State'agrees to provide the requestorthe'basis for the denial and to notify the requestor ofStatejudicial (or, ifthey exist,.administrative).;**~-:.** 

### : procedures, including statutes oflimitation.: I';J ; :i

..
_ ' I') . :,' 

### 4."

# --"Th~**Sta~e,~~~es:~~.~ake** the

# full~st**~~~sibl~ ;ilis;l~~·~~·** **~Fre~ords** to the

# ~~blic, subjectto any ofthe exemptions under the Federal**FO~** 

### recognized by the**Sta~e.·** 

### .. ,.' 5. A reduction or waiver offees will'be considered in connection with each request from a representative ofthe press or other communication medium, or from a public interest group. .The State agrees to reduce or waive the fee ifit determines that a reduction or waiver ofthe fee is inihe public interest because furnishing the information can be

### ~onsidered'as primarily benefiting the general public." '.

. ..

" .'.

..
_ I 

### C. Confidentiality ofBusiness Information'; z 

### If a'claim 

### of confidentiality is asserted and cannot be resolvedin the time period provided for an agency response to a request, the State agrees to notify the requestor-ofthe'confidentiality. claim within the maximum 20-day time limit provided for an agency response. In.addition, the requestor will be told that the request was denied in order to resolve the business confidentiality claim. Ecology agrees that notices ofdenial ofpublic disclosure will include. discussion ofapplicable judicial appeal procedures. State law does not establish a statute oflimitations on appeals, so notices ofdenial will not discuss statutes oflimitations. Ecology agrees to maintain a log or file of juch denials ofrequests for information.



### D. Oversight 1. The State agrees to keep a log ofdenials ofrequests for information (or a file containing copies ofdenial letters sent to requestors) which will be made available to EPA during the State review." .' -. . .. ", 2. The

## Stat~_agrees' to keep EPA fully informed of any proposed

## modificatio~s to its basic statutory or regulatory authority, its forms, procedures, or priorities, 'as applied to Section 3006(f). '

22 

# o

(). " ..

_ .....- -. - .._-- -**::.."-~** .--=-..- ._-- ...

- .:.:.:. -**~". :'.~,**  "" .:". _.**_'..-,.~_".~** '0 .:-,0. _::.

__-

_



### • XII. DISPUTE RESOLUTIONS The following dispute resolution applies to the entire MOA and supersedes

### th~ Corrective Action addendum, dated·October 17, 1994. These revisions reflect the current EPARegion 10 organization structure. No resolution of any dispute is allowed to conflict or contravene with the requirements of 40 CFR Part 271.

. The StateandU.S. EPA Region 10 agree to pursueinformal, staff-level dispute resolution to the maximum extentpossible. In 

### cases where informal, staff level dispute resolution is not effective, a straightforwardformal dispute resolution procedure willbe 

### used. Whenever EPA or State personnel directlyinvolvedin 

### the implementationof this agreementjudge that a problem exists or that this agreementis not being followed,the issue shouldbe 

### resolved at the State Program Manager and the EPA OfficeDirector level. 

### Ifthe State Program Manager and the EPA Office Director cannotreach

. agreement, the issue will be elevated to the Director of the Washington Department of Ecology and the RegionalAdministratorof the U.S. EPA Region 10 for final resolution. When necessary, the U.S. EPA Region 10 Office Directorfor the Washington Operations Office will be responsible for coordination of the dispute process and for preparing any necessary documentation. 

# • XIII. PROVISIONS FOR MODIFICATION OF THE MOA This agreementmay be 

### modified upon the initiative of either party to ensure consistency with State or Federalprogram modificationsor for any other purpose mutually agreed upon. As final authorizationis achievedfor the 1984amendments to the Hazardous and Solid Waste Act (HSWA) and future 

### amendments to RCRA, these willbe 

### incorporated into this Memorandum of Agreement, along with any necessarychanges to State statutes, regulations, the State program description, and Attorney General's statement. Until the State is authorized for the 1984 HSWA and any future 

### amendments, EPA will retain

.....responsibility and authorityfor the amendments. Any revisions or modifications mustbe 

### in writing and

mustbe 

### signed by both the Director and the Regional Administrator.


### XIV. DISCLAIMER This agreement and any procedures established to implement this agreement do not constitute rulemaking under 5 U.S.c. Sections 551 

### et. seq. or under chapters 70.105, 70.105B, 70.105D and 90.48 RCW, and may not be relied upon by any person to create a right or benefit, substantive or procedural, enforceable at law or in equity by any person.

# ~~~.iZ.. 

# 7'/2q2f Date: 

## ----.L....,......O:::="',....,..

...........**~------** 

### U.S. Environmental Protection Agency Region 10 .Regional Administrator State of Washington Department of Ecology Director 

# •

23

## •

.... f**~'** 

### .**:~r**

## ...;,'." I' ";::"'t

..... '::'t

, I • . I' , ":: _'i" ,J.:'

### ~5322**Feder~l** Reglster) Vol. 59, No. 213 I Friday" November 4, '1994': 

### i Ruies and

### R~gu'rations

40 CFR,p,art271

### .NVIR()~'MENTAL PROTECTioN " ' 7AGENCY ',",
:" :. • I

. ," Revisions to State hazardous waste authorized under the federal RCRA

, programs are necessary when Federal or ,statute. RCW 70.105.130 designates

"**Stat~** statutory or regula.t0ry authority is ,Ecology as the agency**tasked,with~'** '.

modified or when certain other changes implementing the authorized RCRA " ,**occ:u~.** Most**commo~ly,** State program "program and provides Ecology with the' [FRL-Q099-5] .: '; "**revI~rons** are**~ece~sltated** by changes to, _ authority to establish a.permit system .'

, ' . EPA s regulations 

### I':40 CFR**p~rts** 124: for owners or operators of facilities

. Washington: Final A'uthorizatton of : 260-266.268 and 2, O. 'which treat, 'store:or dispose of ."."**S~te** Hazardous Waste Management B. State ofWashington' dangerous waste. RCW 70.105.020 Pr09ram Revisions, ' h E 1 d d The State ofWashington initially aut orizes co ogy to revise**~n** mo i fy AGENCY: 'En\'ironmental Protection received final authorization on January the Dangerous Waste R.egulal1ons. ' Agency.. 31,1986. The State ofWashington ' Statutory authority for MTCA is also ACTION: Immediate final rule. received authorization for revisions to found in RCW Chapter 70.1050. RCW its program on November 23, 1987 (52 ' 70.1050.030(2) authorizes Ecology to SUMMARy:.The State 

## M Washington has FR35556. 9/22/87) .and on October .16, adopt rules to set cleanup standards for applied for final authorization of 1990 (55 FR 33695. 8/17/90). On remedial actions taken under MTCA revisions to its hazardous waste
. January 12. 1994, the State of ' authority. RCW 70.1050.050(1) program u.nder the Resource ! Washington submitted a program explicitly grunts Ecology the authority Conservation and Recovery Act (RCRA). revision application for additional to issue orders under MTCA to direct The**Environ~entalProtection** Agency program approvals. On March 30,1994, potentially liable parties to conduct (EPA) has reviewed the State of EPA published a proposal to approve remedial action. Washington's application and has the State ofWashington's application " . ' , reached a decision that.the**S.~ite'of** for program revision in accordance with \yashln?ton. may compel corrective Washington's.hazardous'waste program 40 CFR 271.21(\>)(4)., action by Issuingorders pursuant to revision satisfies all ofthe ,requirements EPA has reviewed the State of 

## M-r:c:--: to**ow~ers** and**op~rators** of necessary to qualify for final ': Washington's application. and has made**facdl~les** seeking or required to have a authorization. Thus, EPA is granting a final decision that Washington's 'permitlO manage dangerous waste. final authorization to the S.tate of hazardous waste. program revision

... Such orders are referred. to as "state Washington to operate its expanded , satisfies all ofthe requirements corrective action orders". State 

# J program: SUbiectlo the authority necessary to qualify for final corrective action orders will be retained by EPA in accordance with the authorization, Consequently, EPA is somewhat hybrid, presenting RCRJ\

, Hazardous and Solid Waste, ,:: granting final authorization for the corrective action requirements ill**thl~**
, Amendments of1984..' additional program modifications to context ofa state "superfund-like"

, EFFECTIVE DATE: Final authorization for Washington's hazardous waste program. cleanup. EPA emphasizes that the State ofWashington, shall be ' Attachments 1.2,5,6.8-17 and corrective action requirements arc not

, effective November 4,1994.

.**App~nd!ces** 1-4 of**t~e State'~**  , " being deferred to a state superfund-Iike

FOR FURTHER INFORMATION CONTACT: application are provided for information authority; rather, the state authority will Patricia Springer, U.S. EPA; MIS: HW- only. , be used ,to compel RCRA.corrective 107,1200 Sixth Avenue, Seattle,. C. Washington's Corrective Action action requirements. In order \0 fulfill Washington 98101, Phone (206) 553- , Prosrarn the RCRA Section 3004 Iu] andlv) 2858.

### T~e State of Washington's authorized

### ~cquirement**th~t** all

### R~R.A,. per';1its mU5\ SUPPLEMENTARY INFORMATION: RCRA program is set forth in Chapter**II1r.1u~~** corrective**actlol~** perm!l 173-303 of the Washinaton conditions. state corrective action orders A. Background Administrative Code (VVAC), entitled wil\ be incorporated into ReRA permits

States with final authorization under "Dangerous Waste Regulations". The issued**pursua~t ~o**  the auth.orizHd Sinh! section 300G(b) of the Resource -Dangerous Waste Regulations include program perrruttmg regulations." Conservation and Recovery Act, as both authorized and non-authorized Washingtoll'scorrective action amended ("RCRA"),A2 U.S.c. 6929(bl, requirements. Washington has amended program would allow corrective action have a continuing obligation to maintain' the Dangerous Waste Regulations to, to be specified through the term's of a .ahazardous waste program that !S include corrective action requirements; State-issued order which is incorporated equivalent to, consistent with, and no**~o\\'e~e~, Washl~~ton**  may als.o**~ly** on by reference into operating or postless stringent than the Federal. ' itsexisung**stat~, superfund-l~ke**  ' closure permits issued to facilities. The hazardous waste program, Inaddition. cleanup authority, Model TOX1CS State could: 1) issue the order, in as on interim measure, the Hazardous**~ontrol Ac~**  (MTCA), '?nd**i~s** advance ofthe permit: 2) modify the and Solid Waste Amendments of 1984**Implementl~g reg,~latlOns**  10**~apter** permit to incorporate the order; or al to RCRA (Public Law 98-616. November 173-340 entitled**M?d~! TO~lcs**  Control simultaneously issue the order and the 8,1984', hereinafter "HSWA:') allows Act Cleanup Regulation .to Implement it ith th der i irat d i t S . h '

. t • ,,' d perrm Wl e or er mcorpcra e III 0

tates to revise t err programs 0 - corrective action requirements an to, th it U d th W hi t become substantially equivalent instead

. compel corrective actions. epermu, n**~r** e as I"g on 

# e Ofequivalent toRCRA requirements The statutory authority for the**prog~am,** a State order would be .**promulgote~ ~nder**  HSWA au,?ority.**~angerous.Waste Regulation~**  is found. considered 1.0 be part ofthe authoflz:d

, States exercising the latter option 10 the Revised Code ofWashmgton .::"**~CRA progrn~**  only**wh.e~** the order IS

• receive "interim authorization'! for the '(RCW), Chapters 70.105 and 70.105p. mcorporated IDtO an**eXlstl~g.** RCRA HSWA requirements under section ,RCW 70.105D.030(l)(d) is the statutory' permit, or when the order 1S ISSUed

, 3006(gj of RCRA, 42 U.S.G. 6926(g), and provision which allows the State of simultaneously withand incorporated

, later apply for final authorization for the Washington Department of Ecology by reference into a new RCRA permit. HSWA requirements. (Ecology) to carry out allstate programs 

# l ' i 

# I

# !
t I I -r !.**~"':~'** '
.. '::: • " ..--=.'; -...**~.** -.:."**--~,-';...::..** ..**.:.~-**

. , . . Federal Register l Vol. 59, No. 213 I Friday, November' 4, 1994 I Rules and Regulations' 55323


## .... 

# • D. Comparison ofWashington's.

. • proposed Subpart S**~orrective** action' incorporated into a R'CRA permit. Terms Corrective**Af~~on,P"?gr~J~** th.i**:.~·~** .•.:..**~le~** publishedin the Federal Register oftheorders which go beyond' the scope .: -

# ..a. FederalProgram

. -_-'

__ .. _: ..-c .. - 'on]uly27.1990(55FR30798)."contains "ofthe authorized Dangerous Waste**"~"~':_-""""'---**

Ordinarily;'=States'**a~ait** promulgation" EPA's .most 

## c:urrent Interpretation of**~ey** regulations wi11.be considered.broader 

# 0
ofFederal regulations prior to'**~;, ~enns**  In .section 3004(u) o.fRCR:A: This in scope. ana thus not Federally

.**-,.~** . '._ -, submitting their applications;,However,.:

..**~~.and wIll~be** **the~ontrol~mg** enforceable. federal enforceability does < "

. there is no impedimentunder the RCRA ,Interp.re.tatiO,n,agamst which

.. :' 'not affect the ability of the State to .

- -'

statutory provisions which. would bar a ..**~a.shmgton.s.regulatory de~mtion**  of impose requirements pursuant to their" State from seeking authorization of a .sohd waste**m~nagement.** unit shall be legitimate State statutory authorities or program in advance ofFederally .' . -, , measured**untllEP~,codifies** a statutory to enforce those requirements in .- promulgated regulations provided the, :or regulatory definition. : '.' lawfully-issuedorders or**pe.~ts** •. State bases its program on existing, ,"

. The .statutory language o.fsection Some portions ofWashington's Federal statutory Iangirage. An existing**~OO~(~~** ofRCR;A also**app.h:~** to revised program are broader in scope Federal counterpart is the. critical nexus .'**fa~~h,tie~** seeking a permit. Such than tBeFederal program. and thus are in the authorization program, . '_.; facilities**ll~clud~ ~h.ose** **ha~ardous** waste not Federally enforceable. Due to .

Washington's corrective action

.**man~gement** fac.lhties**~hlch** are Washington's statutory mandate to program goes slightly beyond the EPA· requiredto obtain pennIts to operate address all releases ofhazardous .promulgated.regulations"(see 40 CFR . and t? those**subje~** to post.clos.ure substances, Washington has developed 264.100. and 264'.101) which implement permits. EPA has mterpreted this corrective action tequirements which the statutory provisions of sections'· language to mean that corrective action are, in part, broader in scope than the

. 3004(U) and (v) of RCRA, 42 U.S.c.' must be-specified in operating or post- Federal corrective action requirements 6924(U) and (v), in-which facilities closure permits-issued to such facilities. in RCRA Section'3004(u), in that seeking a permit are required to State corrective action orders will be dangerous waste management facilities undertake corrective action for all issued to facilities subject to the '. in Washington will be required to releases ofhazardous waste or. -Washington State Dangerous Waste conduct corrective action as necessary constituents from any solid waste Regulations, codified in the Washington to protect human health and the management unit (SWMV) and to Administrative Code (WAC) in Chapter environment for all releases of undertake such corrective actions. 173·303, but these orders will rely in dangerous waste and dangerous beyond the property boundary where. part on the $tateofWashington's Model constituents at or from the facility. necessary. Washington's program will

..." Toxies·Control Act (MTCA) statutory regardless. ofthe sourc.e of the release, instead utilize its existing Superfund- .' and regulatory provisions and will. like cleanup order auth,ority (the Model. -require current owners and**opera~ors** of Some portions of Washington's

. Taxies Control Act) through the State's SWMUs to conductcorrective action at revised program are more stringent than authorized RCRA program by linking those units in accordance with the the Federal program. The requirement to ( the cleanup order authority with the Dangerous Waste Regulations.. implement corrective action for releases· 

# 0
State's authorized RCRA program ... . EPA is not delegating RCRA section which have migrated beyond the facility permitting requirements to fulfill the 3008(h) authority (42 V.S.c. 6928(h)) as boundary is more stringent than the mandates of sections 3004(u) and (v) of part of this authorization. No Federal Federal requirement, in that it is not
. RCRA. 42 U.S:C. 6924(U) and (v). . enforcement authorities are delegated limited by the "best efforts'tlanguage in

. The statutory language of Section. when EPA authorizes state programs the Federal requirement.

. . 3004(u)ofRCRA applies. to'corrective under section 3006 of RCRA. To clarify, Washington will be action at solid waste management units, Any orders issued to a facility under· authorized for the following provisions Although no statutory or regulatory. MTCA will not be considered to be part as part of this authorization (see State defiilition of "solid waste management . of the EPA·authorized corrective action Authorization Checklists 17L, 38, 44A. unit" has been promulgated, EPA's program unless and .until they are 44B, 121):

!

. Federal requirement RCRA Corrective Action Program

.Corrective Action (SOFA 28702. 7/15/85): .'

. . _ Applicability: SWMU, 40 CFA §264.90(a) :

_ _**~._** .._ _ __ . SWMU. 40 CFR. § 264.191 (a) ._._.

_.• :..

__ _ . Specified in perTTlit. 40 CFA §264.101(b)

_ __.._ ;

_ _ . .Permits by rule: UIC permits issued aner 11/18184,40CFA §270.60(b)(3) ._

_ .._ . NPOES permits issued atter 11/8184, 40 CFA § 270.60(c)(3)

__._ _.. .. Permit Application (52'FA23447 (6122/87)); [52 FA33936 (919187»); [52 FA 45788 (1211187)): Contents ofPart B 40 CFA §270.14(c) __.._ __._ ,._.._ _ .. 40 CFR'§270.14(c)(7)

.._..:

_ _ _.;:

_ _: _ _ _ .. 40 CFR §270.14(c)(8}(v).

-- , : ., _;.•..-.....•.................

_ . 40'CFR. §270.14(d)

.. : _.__...: ._...:..._ __.. . Corrective action beyond the lacility boundaty [52 FA 45788 (1211/87)):

. 40 CFR §264.100(e)

---- ._ _.:**~_** •.. _' . ..•.

_ __..__..,__ _ __. 40 CFR§264.101(C) _._..•-

__ _._:_ _ _._**~._.** __.._ _..__ __ _ __.._ Corrective Action ManagementUnits,(CAMU) (58 FA 8658 (2116193)):

. Definitions:' .' :.. .:' .' . . . '.'

.
_ FaciUty to Include'ancontigoous property, 40 CFR § 260.10**._.~:.._._** .••.•:..._ _.
__ •••

:-.••_••_ .. CAMU, 40 CFA§§ 260.1 O. 264.101;270.2

_ _. .._._.._._ _ _ __._. ._ _ _. LandfiD and miscellaneous unit to include CAMU, 40 CFR § 260.10

__ _ .._.._ .._ _.._.**A.~tion** wastes 10 include all solid and· ha2aIdous waste and all 

### meaa and debris. 40 CfA**~260.1o;** '.::

.... ,... . . . . . , facility. CFA §268.2(c)

__ . . . . ._ _._ .

.. ".<
..-.:...
. -. . Stale auttlority

WAC 173-303-045(1)(a)(li). WAC 173·303-646.

_ WAC 173-303-046(2)(c). wAC 173-303-a02(3).

. WAC 17J.:303:-802(4)(c)(viii). WAC 173·303-806(4)(a)(xx). WAC 173-303-806(4)(a)(xx)(G}. WAC 173-303-806(4)(a)(xx)(H)(iii). WAC 173-303-806(4)(a)(xxfii). WAC 173-303-645(11)(e). WAC**1~6(2)(b)** .. WAC 173-303-040. WAC 173-3Q3.Q40. WAC.. 173-303-040. WAC 173-3Q3.{)4().**WAC~.** . , 

# :0... .: :',::,**:.,'".,:~, _,_~':'t....**  .. _.,. --'----- ._,'--**',.:.~.:,.:,-" .,:'~.**  ........... -_... I }



# ..'**~;,I.;. ~~'...:-**  .... J....

_ _'.1:''';
- .>.', '.**~"** ..' :'

. .;! .'

. 55324'**_.Feder~** .Register I-Vol.o59; No. 'Zl'31':Friday;-November 4, .1994'**I~** Rules and' Regulations

.... ..J.**,.~:.::,:,,::** Federal requirement :d}:L**.,'~.:** :..,.**~-i** .Stateauthority< Interim 

### StatuS siandaidS**~'in** lieu of 40 CFR264 standards; 40 CFR §264.3'**.~:."**..: ........**~':·L** ..**_:.~~:..·** :WAC**173-30~00(2)(a)~"** .. . ' Corrective action lor**S~MU** 

### :MD**~;** specifiedjn permit, including schedules of compliance, 4() CfR' WAC 173-303-646(2)(a) & (cl

.

## De~~~'~~r~~~f~~~MU:':"**"!::;";~.~" .::.';:"~.,:.:.~~:;~,:,,:,::~;** **.,~ ;"~'**  .

## '~"',**;~:-:~-,** .. ',

## :~.~ ... '. 

# '<**:.~.,** 

# '.' DesignatedforImplementing remedies, 40 CFR 9264.552 _.__.__ : .: _._.:__.WAC 173-303-646(2) & (4)(8): Designation of regulated unitas CAMU, 4() CFR § 264.552 ...:

__:.:•.**~~** ..:.._..:.._:_ _._ _..;.._

_.•..

_ .. :WAC**173-~6(6)** .. : ' Oesignation will facilitate irrgementation, 40 CFR §264.552 , .:..: : ;**..;.~~** : ;.._•.

_ _.. WAC 173-303-646(5)(a)•. 010 provides-sufficient information; 40 CFR §264-.552**~~.2.:..** 

## _ :._ .:._

_ .._.:..:_ .WAC 173.-303-646(5)(e)

..

.. Rationale doclImented and made availableto public,40·CFR'§264.552 :

_ _.:_ .._ WAC 173-303-646(5)(1)

. PermitmodifICation requirements must be folloWed to incorporate CAMU into permit, 40 CFR §264.552 WAC .173-303-646(5)(9);' WAC

:, ., .j •
. 173-303-830. 'RequiiemElnts for TemporaryUnits (TU)(58 FA 8658 (2116193»): ,::-!

- ' .

. Standards maybeofeplaced,by alternative requirements, 40 CFR §264.553 , :. :WAC**173-30~46(7)ia)** &. (b). 'Factors lor establishing standalds, 40 CFR §264.553(c) .._._ __ ,.._ __ , WAC 173-303-646(7)(c). length 01 lime TU rnay operate, 40 CFR § 264.553(e) _

__ : _.......... WAC 173-303-646(7)(d) & (e).

. Incorporation of TU in permit, 40 CFR §264.S53 :

_ _ WAC' 173-303-646(7)(1);' 'WAC

. 173-303-830

... . Rationale documented and made available to the public, 40 CFR § 264.553 : : :.. WAC 173-303-.646{7}(g)

.. '; In order to approve the Slate of Washington. to. use orders

### issuedund~r MTCA to compel RCRA

### co~tive action, it was necessary to identify the essential elements of a RCRA corrective action program. and to determine that the State had the necessary authorities to meet' these substantive RCRA requirements. The following table identifies those substantive RCRA corrective action requirements and demonstrates that the corresponding State authorities exist which allow' the State to meet these -requirernents. Whereas certain of the state authorities listed are already authorized or are being authorized in today's action, this table only serves' to demonstrate that orders issued under MTCA can compel corrective action which would meet all substantive RCRA corrective action requirements and is provided .here forlnforma-

. tion only

..As stated above, orders issued' by the state are not part of the RCM authorized program until such order

is incorporated into.a**~CRA** permit. State authoRty Federal requirement

Enforcement authorities, 40 CFR § 271.16 , : : Permitting requirements: 40 CFR §§270.30, 270.32, 27l.14' and . 271:16.

. Permitting**~equirements;** schedules of compuance and assurances

offinancial responsibility, 40 CFR §§ 270.33 and 271.14.. . Corrective action beyond the facifrty boun?ary, 40 CFR § 264,101 ., Definition oflacifity,' 40 CFR §§ 260.1 O· and**264~** 1of _:. . Implement and complete**corr~tive** action, 40 CFR § 264.101 .. Financial**re~ponsibility'** for' completing corrective action, 40 CFR

§§264.101 and 271.14.

. Pubfic participation, 40 CFR.§§270.42 and 271.16(d)

. . ..; RCRA Corrective Action Using Existing State Cleanup Authority: ., Corrective**actio~at** SWMUs forall releases, 40**~FR** §264.101

.....: RCW 70.105.130(1), (2)(a-4J), (2)(c)(iHii) and (2)(e); RCW . 70.1050.030(1)(a,b,d,f); WAC 173-303-400(3)(a)(i), -646(2)(a-4J),

-802(3-4). . "

. . . RCW70:105.080..085, .095(1-3), .097, ..120; RCW·.70.1050.030(2)(c),

.050(1),(4),(5)(a). .'

. RCW 70.105.130(2)(a), (b),' and (c)(ii-iii); RCW 70.1050.030(1)(a);

WAC.**17~46(2Ha~), -646(3)(a~),**  .. -400(3)(a)(i), -806(4)(a)(xxi)(A) &(8). . RCW70.105.130(2}(a); RCW 70.1050.030(1)(a-b);**(2)(c);W~~** 173-

303--646(2)(c) & (3}(c), -802(3) & (4)..

. .'

. RCW 70.105.130(2)(c)(iii); RCW 70.1050.030(1)(a) & (b);.WAC 173-

303-646(2)(b) & (3)(a). . . . RCW70.105.101 (1 t); RCW 70.1050.020(3); WAC 173-303-040. RCW70.105.130(2)(b), (c)(ii-iii) & (e); !;lCW 70.105D.030(1)(a), (b), &

(I); WAC 173-303-646(2)(a) & (b).' .' ."

... RCW·70:105.130(1) & (2)(c)(iii); RCW 70.1050.030(1)(d); WAC 173-

303-646(2)(a-c).

. . . . RCW70.105.130(2)(a); RCW 70.1050.030(2)(a): WAC 173-303-830. 

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## F

i I.'. E. Indian Lands Washington is not seeking authorization to operate on Indian lands

.. F. Public Hearing and Comments

Although EPA received three requests for a public hearing, EPA did not find

. that the bases for the requests warranted a public hearing, since the issues raised were outside the scope of this

. . authorization action:

.

EPA received a nwnber of comments during the public comment period. A detailed Response to Comments has been prepared and is available upon

. request, The following is a summary of the commentsreceivedand EPA's responses to those comments.

One comrnenterwas concerned about the interaction-between regulation of' radioactive materials under the Atomic Energy Act (AEA) and of hazardous wastes under RCRA, specifically that EPA's authorization of the State of Washington for RCRA corrective action

.under the State's Hazardous Waste Management Act (HWMAj would allow the Washington Department ofEcology to "preempt" the State Department of Health's regulatory authority (delegated. by the Nuclear Regulatory Commission)

. over the operation oftheir facility. The commenter was also concerned about certain conflicting state regulatory and statutory provisions regarding the regulatory authority of the Department of Health. .'

In response, the State of Washington. has not asked that the statutory provision cited by the commenter [RCW 70.105.240(2)] be authorized as pari of the federally authorized RCRA program. As such, RCW 70.105.240(2) wiIl not be part ofthe federally-authorized state' RCRAcorrective action program which; will operate in lieu of the federal RCRA . corrective action program. This Will remain a."state-only" provision and' .EPA will not enforce it. The State ofWashington is today being authorized to implement its corrective action program in lieu ofthe., '

### .



# .. , ·,;.... ;. ';'." ....-';' ' ". I .: Fede;al Register'i Vol. 59';' No. 213 I Friday, No\'ember 4. 1994 I**Rul~s** and Regulations ..55325**.'~**----'--: .:_._:.::..._::....._

### ... ,.:... . . .:**-~.**

it will have to,exercise such authority ,

### mOdific~tion'will be under 'the State's, z: -Two

### ~~irie~t~~"~is8dconcems very often, given the protectiveness authorized corrective action proiram. :': regardihg the State of**W8Shingto~** 's , ' embodied in the State's MI'CAstatute The**R~** public participation ., siting criteria for. new hazardous'waste and the manner in which the State has requirements would govern the publlc.i-«, facilities, In-response; the proposed

. implemented the MTCA program., 'participation process at that time.approvdl and authorization of**,~:,.'**

A cornmenterquestioned that-once a However, public comment at that time ,',Washington's hazardous waste.program , State-issued order is incorporated by will be limited to whether the revision is for a cOrreetiveaction reference into t.I:le fadlity's.HCRA incorporated MTCA terms, schedules ,program. Since the corrective action' permit; can**tha~orderbe** amended arid conditions appropriately fulfill ' ,program underRCRA is intended to without a corresponding modification of corrective action requirements ofthe address clean up ofreleases of:',: , the RCRA**pennit~'** :' authorized State RCRAprogram. Public hazardous waste at existing hazardous In response, at the time the State comment on the MTCA terms.

- waste facilities, the commenters' order is.incorporatedby reference into schedules and conditions will !lot affect concerns regarding siting ofnew,: a RCRA permit, the crderbecomes the ability of the state to enforce the facilltlesara outside, the scope orthis subject to all permitting requirements, MTCA order under MTCA authority, ' current authorization action. The State's including public participation independent of the authorized RCRA siting criteria are State regulations requirements required; for permit corrective action program. At the time which have no federal counterpart, and modiflcations. This includes any State- the MTCA order is incorporated into a as such are not part of the federal RCRA issued orders designating a corrective RCRA permit. and at any time thereafter

. program. '

. , action management unit (CAMU)or for the life of the RCRA permit, Ecology A.commenter raised concerns temporary unit (111). Therefore, if at will ensure that the public participation regarding Hanford, specifically with some time after incorporation by procedures under RCRA and MTCA are respect to the burial ofdecommissioned reference into a ReRA permit. it is coordinated to eliminate duplication of reactor cores. and regarding incinerator determined that the incorporated order effort and fulfill RCRArequirements. 'standards; In response, EPA today is must be changed. such a change will A commenter questioned how approving and'authorizing the state for require a permit modilication as well. authorization of the Slate program a RCRA corrective action program. The class ofpermit 'modification, would beaffected by EPA's EPA's authorization today does not required. along with the extent ofpublic promulgation of a final federal rule directly address cleanup decisions at participation required by such a regarding corrective action. The Hanford. the disposal of modification. will bedetermined using commenter also questioned whether decommissioned reactor cores, nor the State regulations.' EPA intended to use the proposed EPA's incinerator standards found in - A commenter requested clarification subpart S corrective action rules to the Boiler and Industrial Furnace of the public participation process tobe measure the State's "consistency" with Regulations (40 crR part 266). used by the Slate under the authorized the federal corrective action program; Therefore, these concerns are corrective action program. Specifically, and what EPA intended when EPA considered to be outside the scope of the commenter pointed out that MTCA stated in its Notice ofProposed today's authorization action, and would orders have their own public Rulemaking that EPA's proposed be addressed by the State RCRAbase participation process. The commenter definition of a-SWMU "will be the program. ' queried whether there would bea controlling interpretation against which Therefore. it is EPA's determination second public participation process at Washington's regulatory definition of a that there are no changes required to the time such order would be solid waste management unit will be this authorization action as a result of incorporated into a RCRA permit: The measured until EPA codifies a statutory the comments received. commenter also queried to what extent or regulatory definition." ., G. Status ofFederal Permits the public would be able to comment on In response, should EPA finalize a the previously issued order at the time -federal rule regarding corrective action Upon the effective date of ofpermit issuance or modification; and at some point after the State has authorization, the State ofWashington to what extent the existing State received corrective action authorization, will begin to administer and enforce regulations governing public the State will be required to submit an· corrective action requirements. EPA participation would operate in lieu of application for a revision of the State actions which fall under the federal the federal regulations codified at 40 corrective action program. in omnibus authority ofsection 3005(c)(3) CFR 124.11 through 124.17.' accordance with' 40 CFR 271.21(e)(1) ofRCRA, 42 U.S.c. 6925(c)(3), and/or

In response, the commenter is referred and 271.25. Until EPA promulgates a which are federal enforcement to the Program Description contained in final federal corrective action rule, EPA authorities, including actions issued this application for authorization, intends to use its proposed subpart S pursuant to sections 3008(h), 3013. or wherein Washington's Department of rules (55 FR 30798, July 27, 1990) as the 7003 of RCRA. 42 U.S.c. 6928(h), 6934 Ecology explains how public measure of consistency in order to' or 6973, will continue to be participation goals and requirements determine whether the State's administered by EPA:. In addition, will bemet. In brief, the State will authorized corrective action program is HSWA amendments for which the State follow only the existing MTCA public - at least as stringent as the federal has not been authorized will continue to .participation requirements (which corrective action program would be be administered and enforced by EPA. extensive) when a MTCAorder is issued- under the proposed Subpart S rule. Due to recent legal developments in

, prior to permit issuance. Since that is '. Si'rice the-proposed subpart S rule has the national RCRA hazardous waste

not a RCRA permitaction, there are no not yet been finalized, EPA cannot program, the discussion that appeared RCRA permit public participation authorize nor enforce the provisions of .In the proposed rule (March 30, 1994, requirements which apply. At the time Subpart S. However, EPA is currently -,59 FR 14827) concerning permits with the order is incorporated into a ,R<;RA using the provisions contained in the automatic transfer provisions has been permit throughpermit modification, or. proposed Subpart S rule as guidance

. revised. All permits issued by U.S. EPA ifthe order is issued concurrently with when conducting federal corrective Region 10 prior to final authorization of the RCRA permit; the permit issuance or actions. the State for corrective action will ·.,t



# 't-

'" 55326 t. ' •.-',-**,.-~** .. ""'•• '.**~-~** - Federal Register''r.Vol. 59',

# N~. -213 

## I:

# Frjday:~ove~bei 4,.1994 ,: Ru'ies

# ~~~~,Regu)atiO;~ r:

# - .'- .:

.. - ..

# ,.. ' ,,-",**~.:.** .;**~:-:** .•
..._,**~.~- -,-~--~**  ..' Federal

### R'~~~;-'I' Vol. 

## 59.**N~.** 

## 21-3 I Friday. November 4. 1994 I Rules and Regulations 55327

..........

':'"

I i' .:
..

,I'

I ! , .•.

. :;,..

-, '; i:"

.... '



### ..

, I ••

. .. I I, I continue to be administered by U.S. . EPA Region 10 until the Issuance, or

. reissuance after modification•.of the "

- - State RCRA permit. Upon the e.fTectivedate ofthe issuance. or reissuance after modification. of the State Rc;RA permit , to incorporate authorized.State

.

- requirements. those EPA-Issued permit'

provisions for which the State is
--, authorized to administer and enforce will expire, HSWA provisions for.which the State is not authorized will continue "ineffect under the EPA-issued:permit. H. Decision " I conclude that the' State of Washington's application for program revision meets all ofthe statutory and regulatory requirements established by RCRA. Accordingly. the State of Washington is granted final authorization to operate its hazardous waste program as revised. The State of Washington now has responsibility for permitting treatment. storage; and disposal facilities within its borders and carrying out other aspects of the RCRA

. program described in its revised

.

### ..., programappHcation;subject to the, ',"**Was~ington's** program. thereby**~".,** '. '**limita~ions** ofthe HSW The**!~~t~,of~...:.,.eli~rnati~g**duplicative requirements for**~Washmgton** also haspnmary ,. - """ ' 'handlers ofhazardous waste in the'

.... " enforCement**respons~bilities.:** although· .State, It does not impose any new " EPA retains the right to conduct

. ;burdens on smallentities.'This rule 

# 0

inspections under section 3007 of .,. therefore. does not require a**re8ulat~ry** RCRA. 42**U.S~C** 6927. and to take .' flexibility analysis;' " .,'

... " enforcement actions under: sections '._ ._.r>-".:.4. ' .-.?"

- '.'":; 3008.3013 and 7003 of**RCRA~** 42 U.S.c. ,LlSt**o(S~bJects** in 40 CFR'Part 272, 6928.6934.and'6973: :.:.'**,'Admirii~adve'p-;a~ic~ ~d"'"**  

# , Compliance With Executive.Order procedure, Confidential business ." 12866 t : ol,· . ' infonnation.Hazardous materials

The

### Officeofivlanageme~t and Budget":,'transportation. Hazardous

### was~e. Indian has' exempted this rule from the lands':**lntergove~mental** relations,

. requirements of section 6 ofExecutive . '. Pena.ltles. Reportmg and**~ordkeepmg** Order 12866.:'

. requirements; Water pollution <:ontrol,**~-Vater** supply. Certification Under the Regulatory ...,.,. . ' F1 lbTty At' Authonty: This nonce IS Issued under the " eXI I I c. authority of Sections 2002(a). 3006 and Pursuant to the provisions of 4 U.S.C. 7004(b) or the Solid WasteDisposal Act.as 605(b), I hereby certify that this amended. 42 U.S.c. 6912(a). 6926. 6974(b).**authori~t~on** will not have a**si~nificant** Dated:October 17. 1994. economic Impact on a substantial number of small entities. This ChuckClarke. authorization effectively suspends the RegionalAdministrator. applicability of certain Federal (FR Doc..94-27170 Filed 11-2-94: 8:45 ami regulations in favor of the State of BllUHG COCE


# r ()



# .- (). '...(._.
.

56573-56999

I'

.; 

# Corrections

This section of the FEDERAL REGISTER contains editorial corrections ofpreviously published Presidential, Rule, ProposedRule, and Notice documents, ThesecorreCtions are prepared by the OffICe ofthe Federal Register. Agency prepared corrections are isSued as signed docul)'lents and appear in 

### the appropriate document categories elsewhere in the issue.

DEPARTMENTOF AGRICULTURE AgriCUltural Marketing Service .- 7 CFR Part 70 [Docket No. PY·92-003] RIN 0581·AA61 Voluntary Poultry Grade Standards Correction

In proposed rule document 94-25760 beginning on page 52469, in the issue of Tuesday, October 18,1'994, make the following corrections: §70.221 [C<lrrected]

LOn page 52474, in the second column, in § 70.221, in paragraph (g)(3), in the table. under the heading entitled "Maximum aggregate area pennitted" insert a line to separate the heading from the subheading entitled "Breast. legs, and parts".

2.On the same page, in the same column, in § 70.221, in paragraph (g)(3). in the same table, under the subheading entitled "Breast, legs, and parts", in the first line, "PI. in." should read "3/. in.".

3.0n the same' page, in the third column. in § 70.221, in paragraph (g)(4). in the table, under the subheading entitled "Elsewhere". in the first line. '''13/. in." should read "PI. in.". § 70.230 [C<lrrected]

4.0n the same page. in the second column, in § 70.230. in paragraph (e)(2). in the table, the beading "Maximwn aggregate" should read "Maximwn aggregate areapennitted",

5.0n the same page, in the same column, in § 70.230. in paragraph (e)(2). in the table. under the heading "Maximum aggregate area permitted", in the second line. "1 Incn" should read**'~1** inch".
81LUNG CODE**'506-C'~** DEPARTMENTOF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 101,170, and 310 [Docket Nos. 91 POO186 and 93P-<l306] Iron·Containlng Supplements and Drugs; Label Warning Statements and Unlt·Dose Packaging Requirements Correction

In proposed rule document 94-24476 beginning on page 51030 in the issue of Thursday, October 6. 1994, make the following corrections:

.

I, On page 51033. in footnote 6 at the end of the table, "No" should read

. "Not", 2. On page 51043, in Table 9. in the first column, in the first entry. remove "1" preceding "Overdose". § 310.518 (C<lrrected]

3. On page 51058. in the second column. in § 310.518.in the introductory text. lines two and three should read "in solid oral dosage fonn . (e.g.. tablets or capsules) shall meet the following", '.,

.4. On the same page. in the third column, in the same section. in paragraph (a). lines six and seven'

. should read "unit of the product. e.g.. tablet or capsule.". 8lLUNG CODE**150$04'~** DEPARTMENT OF THE INTERIOR Office of Hearings and Appeals 43 CFR Part 4 RIN 1094-AA42 Department Hearings and Appeals

. Procedures; Spedal Rules Applicable to Surface Coal Mining Hearings and Appeals Correction

In rule document 94·26553 beginning on page 54356 in the issue of Friday.

. October 28.1994. make the following corrections:

1. On page 54356. in the second column. in the SUMMARY. in the first line. "The" should read "This".

2. On the same page, inthe third column, in the SUPPLEMENTARY INFORMATION. in the first paragraph. in Federal Register Vol. 59, No. 218 Mondav, November 14, 1994 .,'
the last line. "43 CFR3.1307(a)" should read**"~3** CFR 4.1307(a)".

3. On page 54359, in the 1st column. in the 44th line. "ISlA" should read "IBLA",

.

4. On the same page, in the same column, in the last paragraph. in the ninth line, "or" should read "or'.

5. On the same page. in the second column, in the second full paragraph. in the tenth line. "on" should read "in",

6. On the same page; in the 3rd column, in the 31st line. insert "773.24(cl," after"§ §".

.

7. On page 54360, in the second column. in the first full paragraph, in the fourth line, insert "1253" after "30 U.S.c. ...

8. On the same page, in the. same column, in the last paragraph, in the 1ith line; "ownerships" should read "ownership".

.

9. On the sarne page, in the third column. in the seventh line. "persons" should read "person".

10. On the sarne page. in the same column, in the heading at the bottom of the page, in the first line. "Appeals" should read "Appeal"; and in the last paragraph. in the first line. "criticized" should read "criticize"

..

11. On page 54361. in the third column. in the fourth full paragraph. in the fifth line. "alternatives" should read' "alternative". § 4.1373 [C<lrrected]

12. On page 54362. in the third column. in § 4.1373(a). in the fourth line, "§ 4.1372(a)" should read "§ 4.1372(b)". 81LUNG CODe**'50$041~** ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 (FRL-5099-5] Washington: Final Authorization of State Hazardous Waste Management Program Revisions Correction

In rule' document 94·27170 beginning on page 55322 in the issue ofFriday, . November 4. 1994, make the following correction:

On page 55322. in the first column. the ACTION line should read "Final rule ...·

. 81LUNG CODe**,~,~**" .-. - .:..--**~-~-:..-**

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# •

CONCURRENC 

# F. INITIALS \ 

### , 

## I

.NAME '-' '-

. M Ru.,.,,,,,, 

### DATE 'i,z,1,

....**~~ ~emorq~dum·of**  Agreement -- signed by Tom Fitzsimmons on July 19. 1999 •



# •

....;

.. ;

# •

# •
CONCURRENCES INITIALS



## .NAME DATE . I



# •

• Ecology/EPA Memorandum of Agreement -- signed by Tom Fitzsimmons on July 19, 1999 received by EPA**o~** July 27, 1999 •