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I.

MEMORANDUM OF AGREEMENT

BETWEEN

THE STATE OF WASHINGTON

AND

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION X FOR FINAL DANGEROUS WASTE PROGRAM AUTHORIZATION

June 30, 1985

GENERAL

This Memorandum of Agreement (hereafter "Agreement") establishes

policies, responsibilities, and procedures pursuant to 40 CFR 271.8

for operation of the State of Washington's Dangerous Waste Management Program (hereafter "State Program") authorized under Section

3006 of the Resource Conservation and Recovery. Act (hereafter

"RCRA" or "the Act') of 1976 (Pub. Law 94-580, 42 U.S.C. 6901, et

~) and the United States Environmental Protection Agency-

(hereafter EPA) .Regional Office for Region X. This Agreement

further sets forth the manner in which the State will coordinate

with EPA in administering the State Program.

This Agreement is entered into by the Director of the Washington

State Department of Ecology (hereafter "Director" or "the State'),

the lead agency for the State Program (as designated by the State

pursuant to 40 CFR 271.6(b) and the Regional Administrator, EPA,

Region X (hereafter "Regional Administrator" or "EPA").

Nothing in this Agreement restricts EPA's authority to fulfill its

oversight and enforcement responsibilities under RCRA. Nothing in

this Agreement shall be construed to contravene 40 CFR Part 271.

The parties will review this Agreement jointly at least once a year

during preparation of the annual State Grant Work Program

(hereafter "State Work Program"), in conjunction with grant funding

under section 3011 of RCRA.

This Agreement will remain in effect until the State withdraws from

authorization or until such time as State Program authorization is

withdrawn by EPA, according to the provisions of 40 CFR 271.22, or

reverts to EPA according to the provisions of 40 eFR 271.23.

This Agreement will take effect at the time the State's authorization takes effect, which shall be 14 days after the date of publication in the Federal Register of EPA's decision to grant authorization

to the State.

II. RESPONSIBILITIES OF PARTIES

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A. Policy Statement

Each of the parties to this Agreement is responsible for

ensuring that its obligations under RCRA are met. The

Director and the Regional Administrator agree to maintain a

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high level of cooperation and coordination between State and

EPA staffs in a partnership to assure successful and effective

administration of the State authorized program.

The State has primary authority and responsibility for all

aspects of the hazardous waste program within its boundaries.

EPA's primary responsibility under this agreement is the oversight of the fully authorized state program. The purpose of

oversight is to ensure that progress on environmental objectives

is being made and environmental laws are being implemented in a

consistent manner. EPA retains its responsibility to ensure

full and faithful execution of the requirements of RCRA including direct implementation in the event the State is unable to

act. Under final authorization, Washington will have responsibility for coordination of the program with other authorized

states and with EPA in states without authorization. The State

expects to have minimum resources for implementing this program

and will prioritize activities and accomplish them in order of

priority.

EPA assumes an oversight role upon granting final

authorization to the State. EPA agrees to conduct its

oversight of the State Program in a manner consistent with the

following principles outlined in the official Region X

Oversight Policy:

Focus on Overall Performance EPA will be concerned with the

overall performance and environmental results achieved by

state programs. The oversight process will focus on

individual procedures or actions only as indicators of overall

program performance, or where actions involve significant

national issues.

Kespect State Technical Judgments EPA will respect the

judgments 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 states that will be used

to assess State Program performance and include these annually

in the SEA or negotiated work plans as appropriate. The

criteria will address major program outputs and legally

required procedures. Useful oversight can occur only if

states and EPA understand in advance about specific standards

of performance to be met and how success in meeting them

should be measured.

Tailor Amount of Oversight The level and amount of oversight

will be geared to the maturity and performance of the State

Program. A program which has been completely delegated for

more than a year and demonstrates consistently strong

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B.

performance levels, requires less oversight. Specifically,

there should be less need for real time reviews. Conversely,

poor performance should result in increased oversight by EPA.

A new delegation should include a specified transition

period. In general, the agency's oversight should reflect

changing state needs and program priorities.

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. The states

will also be encouraged to participate in the oversight of

their own programs through joint 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.

Oversight will be accomplished by EPA through written reporting

requirements, permit overview, compliance and enforcement overview, and joint review with the State of its program. 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.

EPA will share with the State any national reports developed by

EPA from the data submitted through State reporting requirements.

Provisions for Transfer of Information

1. EPA Program Information Transfer

EPA agrees to provide copies of State notification form

(ECY 030-5) in lieu of EPA Form (8700-12) to generators,

transporters, and TSD facilities who request assistance

with obtaining an EPA/State ID number.

EPA will also provide, within ten (10) working days of

receipt, originals of EPA Notification Forms (8700-12) or

State Notification Forms (ECY 030-5), including EPA

identification number, submitted by persons located in the

State after the date of this Agreement. EPA further

agrees to inform each requestor, by mail, of the new ID

number assigned within thirty (30) days of receipt .

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EPA agrees to transfer to the Director or his designee

any remaining originals of Part A and Part B hazardous

waste management facility permit applications, including

that information pertaining to land disposal facilities

submitted to EPA under 40 CFR 270.10 by facilities

located in the State before the date of this Agreement,

together with all pertinent file information (which

includes narratives, plans, maps, etc.) draft permits,

public notices, administrative notices, fact sheets, and

correspondence. Permit applications and file information,

not already transferred to the State, will be provided

to the Director or his designee within no more than thirty

(30) days of the date of final authorization.

EPA will also provide, within five (5) working days of

receipt, originals of Part A and Part B permit applications

or revisions submitted directly to EPA after the date of

final authorization.

EPA will keep the department informed of all proposed or

adopted federal regulations as promulgated in the Federal

Register adopted pursuant to RCRA or reqUired of another

federal agency to implement the full scope of the State

approved dangerous waste management program.

EPA will assist the department in obtaining publications

of any environmental impact or assessment statement,

technical support document, guidance document, or any

other publication developed by EPA, EPA contractor, or

other federal agency related to the development or operation of a State approved hazardous waste management program.

EPA agrees to make available to the State copies of any

reports and data resulting from compliance inspections

within sixty (60) days of completion of the inspection.

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 is no longer

considered enforcement sensitive. EPA shall clearly indicate in writing which documents or other types of information provided to the state are enforcement sensitive at

the time they are provided. EPA shall also notify the

state in writing when any document is no longer considered

enforcement sensitive.

EPA agrees to provide the State, upon request, any data

or information necessary for the development and

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maintenance of the State's automated data processing

files and compliance monitoring and permit tracking

system.

State Program Information Transfer

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. EPA and the state will participate in a joint

effort to assign DUN identification numbers to all new

generators, transporters, and TSD facilities who notify

the State. The State will then inform the requestor of

the new identification number. Both EPA and the State

will work as rapidly as possible to provide identification

numbers to new notifiers. The State will also submit any

updates or changes in previously submitted notification

and Part A permit application information. This information will be provided to the Regional Administrator within

twenty (20) working days of receipt.

The State agrees to inform the Regional Administrator of

any proposed or adopted program changes which would

affect the State's ability to implement the authorized

program. Program changes of concern include modification

of the State's legal authorities (i.e. statutes, regulations, and judicial or legislative actions affecting those

authorities), modifications or memoranda of agreement or

understanding with other agencies, and modifications of

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

funds within the framework of the SEA). The State recognizes that program revisions must be made in accordance

with the provisions of 40 CFR 271.21.

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, ch , 42.17 RCW, which provi.de s for exceptions of

information for public disclosure.

The State will provide compliance monitoring and enforcement information to the Regional Administrator on a routine

basis as specified in the State Work Program and the

reporting section of this Agreement.

As specified in the State Work Program and the reporting

section of this Agreement, the State will provide the

Regional Administrator with information indicating the

status of the State's facility permitting activities.

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Where the State Program involves the granting of variances

or waivers, less stringent requirements than comparable

federal requirements or variances will not be imposed.

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

RCRA variance or waiver at the time it is 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 coounent before issuance. The

department will respond in writing to any coounents or

concerns raised in the EPA review. All written responses

shall be provided to EPA before a variance or waiver is

issued.

For the purposes of permit overview the State will

provide EPA with the following information on the

treatment, storage, and disposal facilities as identified

and agree~ to in the annual program plan.

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ITEM DESCRIPTION

Copies of facility permit

application.

Copies of draft permits,

proposed permit modification fact sheets

Copies of final permit

or permit modifications

Copies of closure plans

for review

Copies of closure plan

approval public notices

and permit determination

public notices

FREQUENCY OF SUBMISSION

Within 15 working days

of receipt

Within 10 working days

of completion

Within 10 working days

of completion

Within 5 working days

of public notice

Within 5 working days

of public notice

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3. Emergency Situations and Information Transfer

Upon receipt of any information that the handling,

storage, treatment, transportation, or disposal of

hazardous waste is endangering human health or the

environment, the party in receipt of such information

shall iounediately notify by telephone the other

party(ies) to this agreement of the existence of such

situation. A list of appropriate contacts will be

maintained and updated as a part of the annual program

plan .

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4. Confidentiality

a. Any information obtained or used in the

administration of the State Program shall be

available to EPA upon request without restriction.

If the information has been submitted to the State

under a claim of confidentiality, the State must

submit that claim to EPA when providing

information. Any information obtained from a state

and subject to a claim of confidentiality will be

treated in accordance with the regulations in 40 CFR

Part 2.

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b. 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

of 40 CFR 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 confidential information EPA

agrees to transfer to the State will be transferred

in accordance with the requirements of 40 CFR

Part 2.

Frequency and Content of Reports

The State agrees to submit to Region X, EPA the following

documents, reports, and other information.

1. Monthly (on the 15th of the month for the month previous)

compliance monitoring and enforcement report and permit

status reports.

2. Biennial

Biennial report summar~z~ng the quantities and types

of hazardous waste generated, transported, treated,

stored, and disposed in the State as specified in

the RCRA guidance, by October 1 of each evennumbered year.

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3. Other

Additional reports as negotiated in the State Work

Program, and updated facility status information as

necessary.

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•• D. Conditions for State Program Review

1. The Regional Administrator will assess the Director's

administration and enforcement of the State Program on a

continuing basis for equivalence and consistency with

RCRA, with this Agreement, and with all applicable federal

requirements. This program evaluation will generally be

accomplished by an EPA review of the information submitted

by the Director in accordance with this Agreement and the

State Work Plan, permit overview, compliance and enforcement overview, and 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 Director.

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2. The following approach to state program review will be

followed by EPA and the State. All significant concerns

raised during EPA review of the information submitted by

the state in accordance with this agreement and the work

plan will be submitted in writing to the State Hazardous

Waste Program Assistant Director. All EPA concerns raised

as a result of permit overview, compliance and enforcement

overview, and review of State Program activities will be

submitted by EPA to the State Hazardous Waste Program

Assistant Director.

The review of State Program activities shall be conducted

as a joint review by EPA and the State Hazardous Waste

Program. Joint reviews, including any associated audits

of the State regional office operations, shall be scheduled

with written notice at least 30 days prior to the audit.

Reviews shall be no more frequent than quarterly and shall

become less frequent as the state program matures and

good performance is demonstrated consistently. The scheduling should include a jointly agreed to State/EPA format

and content of the review which reflects goals and commitments outlined in the National Program Criteria and the

annual State Program Plan commensurate with grant resources

available to the state for meeting performance criteria.

EPA will provide written notice to the State at least 15

days prior to conducting any other review of State files.

Under emergency situations the IS-day notice may be waived,

however, prior notice is still required.

To ensure effective program review, the Director agrees

to allow EPA access to all RCRA files and other RCRA information requested by the Regional Administrator and deemed

necessary for evaluating State Program administration and

enforcement. During the first year of final authorization

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EPA may conduct RCRA file reviews at quarterly intervals.

In the spirit of EPA's oversight policy these reviews will

generally be reduced to annual or in some cases

semi-annual frequency after adequate performance levels

have been demonstrated.

Program review meetings between the Director and the

Regional Administrator or their assignees will be

scheduled at reasonable intervals not less than annually

to review specific operating procedures and schedules, to

resolve problems, and to discuss mutual program concerns.

These meetings must be scheduled at least thirty (30) days

in advance of the meeting, with a final agenda prepared by

EPA and submitted to the Director for comment at least one

week before the meeting date, unless otherwise agreed

upon.

E. Permit Issuance

1. EPA Permitting

Upon approval of the State Program (final authorization),

EPA will suspend issuance of federal permits for hazardous

waste treatment, storage, and disposal facilities in the

State .

EPA intends to add permitting standards for processes not

currently covered by the Part 264 standards. For example,

the Part 264 standards do not currently cover treatment

and storage of hazardous substances in certain types of

underground tanks. When EPA does promulgate standards for

additional processes, EPA will process and enforce RCRA

permits in the State in the new areas until the State

receives final authorization of equivalent and consistent

State standards. Every attempt will be made to coordinate

with the State in processing these permits. At the time

the State Program is approved in the new areas, EPA will

suspend issuance of federal permits for the new

requirements in the State. EPA will also transfer any

pending permit applications, completed permits or

pertinent file information to the State within thirty days

of the approval of the State Program in conformance with

the conditions of this Agreement.

Completion of permit actions in progress and disposition

of EPA issued permits will generally be in accordance with

EPA Program Implementation Guidance (PIG) 82-5. It is

expected that at the time of final authorization only

Condition 5 in PIG 82-5 will apply to Washington. Any

permit actions taken up to the time of final authorization

will be joint actions by the State and EPA .

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2 . State Permitting

The State agrees to carryout permitting procedures

consistent and equivalent to those in 40 CFR Parts 270 and

124. Upon final authorization the State will continue

timely permit issuance activity initiated prior to final

authorization, including completion of permit issuance

activity initiated jointly with EPA.

The State is responsible for expeditiously drafting,

circulating for public review and comment, issuing,

modifying, reissuing, and terminating RCRA permits for all

hazardous waste TSD facilities in the State, and shall do

so in a manner consistent with RCRA, this Memorandum of

Agreement, all applicable federal requirements, and with

the State's program description. Annual commitments for

the call in and issuance of permits will be reflected in

the approved annual program plan.

The State agrees to consider all timely comments EPA makes

on TSD facilities as identified in the approved State Work

Program regarding draft TSD facility permits and major

permit modifications during the requtred 45-day public

comment period. The State will satisfy or refute the

concern in writing before issuing the permit or making the

modification.

The State agrees to issue, modify, and reissue permits in

accordance with all applicable State permitting

regulations and applicable statutes, and to include as

permit conditions all applicable provisions of WAC

173-303. This agreement also applies to permits issued

after final authorization but for which the processing may

have begun before final authorization.

The State agrees that any compliance schedules contained

in permits will require compliance with the Dangerous

Waste Regulations.

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3. EPA Overview of State Permit Actions

EPA's overview function for permit actions, including

closure of interim status and final status facilities,

will focus on those facilities identified in the approved

annual program plan. EPA's overview will be in keeping

with the six principles of EPA's Oversight Policy as

stated in Section II.A. of this agreement. EPA shall

provide, in a timely fashion, clear and consistent

guidance to the State in performing their review and

overview function regarding State issued RCRA permits and

permit actions.

For all RCRA permit actions written and issued on TSD

facilities identified for oversight by the State of

Washington, there will be three opportunities for EPA

review.

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b.

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The first review will be of the draft application

submitted by the major 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 avoida

situation wherea permit is drafted and then cannot

be issued due toa lack of information or inadequate

information in an application. EPA's review comments

shall include the following: 1)a justification,

based on guidance or regulation, why additional or

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.

The second 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 areas where the intent of RCRA is not

being met and any significant issues between the

department and EPA related to the facility and the

permit which should be resolved prior to the permit

going to public comment. The philosophy here is that

EPA and the department should resolve their differences at this point in the permit process to present

a more consistent and unified approach to the regulated community. EPA shall 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 shall respond during this review period in

accordance with the review schedule set by the State.

If for some reason EPA cannot respond in that time or

does not wish to comment on this draft permit review

opportunity, they will so indicate in writing to the

State that they will not be commenting or they may

request an extended review time in writing.

The third review is the formal review of the draft

permit following public notice. During this review

EPA may comment in writing on any draft permit action

or proposed permit modification, (this review

includes nonmajor facilities), whether or not EPA

commented on the permit application, within 45 days

of public notice. For all comments including those

where EPA indicates that issuance of the permit or

the permit action would be inconsistent with the

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approved State Program, EPA shall include in the

comment; 1)a statement of the reasons for the

comment (including the section of the State

regulations and RCRA that support the comment); and

2) the actions that should be taken by the State in

order to address the comments (including the

conditions which the permit would include if it were

issued by EPA). EPA may providea copy of its

comments to the applicant where a comment is made

that the draft permit includes conditions

inconsistent with the approved state program or lacks

conditions necessary to be consistent with the

approved program.

When EPA submits any comments to the applicant, such

comments shall also be provided verbatim to the state

at the same time. The State shall providea written

explanation for addressing the formal comments submitted by EPA during the public review period. Based

on this response, EPA shall withdraw such comments,

in writing, when satisfied that the State has met or

refuted its concerns. This withdrawal statement

shall also includea statement of EPA's proposed

course of action, including timing, for any concerns

which are not being withdrawn.A copy of this statement and any comments made by EPA which have not been

resolved shall be sent to the applicant at the same

time it is submitted to the State. This withdrawal

statement shall be submitted within 10 days prior to

the scheduled permit issuance date.

The Regional Administrator and the Director shall 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 of the

permit. If the State believes that the terms imposed by

EPA staff comments are not justified because of specific

conditions or circumstances, the request for meeting may

be initiated by the Director. The Regional Administrator

shall respond to such request with recommended meeting

date(s) or shall 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 shall be prepared by EPA and the State and both

shall be provided to the Regional Administrator and

Director at least five (5) working days before the

scheduled meeting.

Under Section 3008 (a) (3) of RCRA, EPA may terminatea

state-issued permit in accordance with the procedures of

Part 124, Subpart E, or bring an enforcement action in

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F.

accordance with the procedures of 40 CFR Part 22 in the

case of a violation of a State Program requirement. In

exercising these authorities, EPA will observe the

conditions established in 40 CFR 271.19(e).

Upon a request by the State, EPA will provide technical

assistance for permit actions within EPA resource and

expertise constraints. This assistance could be in the

form of using the "permit assistance team," Region 10

staff, or EPA contractor.

Provisions for Enforcement and Compliance Monitoring

Upon final authorization, the state has primary responsibility

for compliance and enforcement actions within the approved

state program and under state statutory and regulatory

authority. EPA retains responsibility for ensuring fair and

effective enforcement of federal requirements and a credible

national deterrence to noncompliance through an effective

state/federal partnership and an oversight role. The state and

EPA agree that the following elements are mandatory 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 .

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1. State

The state agrees to carry out a timely and effective program for monitoring the compliance of generators, transporters, and facilities with applicable program

requirements. As part of this program, the state will

conduct compliance inspections to assess compliance with

generator and transporter standards (including manifest

requirements), facility standards, permit requirements

(including late or deficient Part B applications)

compliance schedules, and all other program requirements,

including violations detected by state or federal

compliance inspections. A compliance and enforcement

tracking system is operated by the state to ensure timely

and appropriate enforcement actions, adequate compliance

follow-up, monitor compliance rates, assess categories and

violations and report necessary, accurate, and timely

compliance and enforcement information to EPA for the

purposes of oversight and program performance evaluation.

Compliance monitoring and enforcement activities,

priorities and reporting requirements will be specified in

the annual state program plan and shall be consistent with

applicable federal requirements and with the state's

program description .

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2.

Timely and appropriate State enforcement response will be

based on a department approved enforcement policy for

dangerous waste program violation. This policy will be

consistent with State requirements for ensuring "that all

major threats to the environment and public health are

treated effectively.

In civil enforcement proc~edings, 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. In

that case all records will be retained for at least three

years after such action is resolved.

EPA

EPA's primary role in enforcement and compliance monitoring under final authorization shall be that of oversight

as described in Section II.A. and in accordance with oversight criteria and measures and oversight procedures and

protocols as set forth in this agreement. Deviations to

these procedures will only occur in unusual circumstances

where warranted and not without prior written explanation

to the state. EPA has the right to inspect any hazardous

waste generator, transporter or TSD facility or to bring

enforcement action in accordance with Sections 3008(a)(2),

3013, and 7003 of RCRA or any other applicable federal

statute.

For the purposes of oversight of compliance inspections

and enforcement EPA shall 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 of the 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:

Advance notification of intended inspections and

enforcement actions;

Specific identification of who will be notified;

How the notification will be done;

When the notification will occur;

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Define the process for state/federal consultation and

dispute resolution on enforcement actions and policy

and regulatory interpretation.

The written agreement to be established on the above

matters is incorporated by reference in this memorandum of

agreement.

EPA also agrees to inform 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 90 days to implement those changes.

At a minimum, the following will be adhered to by EPA, EPA

shall attend approximately 10 percent of the state's

compliance inspections to evaluate the state's techniques,

follow-up activities, and enforcement actions. EPA will

receive from the state, 30 days prior to the beginning of

each quarter, a list of facilities to be inspected for the

upcoming quarter. By the end of the first week of that

quarter EPA will submit to the state hazardous waste

program director a list of facilities to receive an

oversight inspection that quarter (approximately 10%).

Specific inspection dates will be scheduled with the

appropriate inspector at least 10 working days before the

inspection is to occur. EPA shall only conduct independent oversight inspections after giving a minimum of ten

working days written notice to a WDOE representative of

their intent to do so and giving WDOE an opportunity to

attend. If EPA has a concern about a particular facility

or compliance situation, they shall request in writing

that the department perform an inspection within 15 working days. If the State performs a compliance inspection

and submits a report and data relevant thereto within that

time to EPA, no EPA inspections will be made, unless the

Regional Administrator deems the State report and data to

be inadequate. The Regional Administrator may shorten or

waive notice periods in emergency situations, but in all

cases will inform the State before going on-site.

The Regional Administrator may take enforcement action

against any person determined to be in violation of the

authorized program in accordance with Section 3008(a)(2).

After written prior notice to the State, EPA may take

action under Section 3008 of RCRA against a holder of a

state issued permit on the ground that the permittee is

not complying with a condition of that permit.

This Agreement will be modified to reflect approved state

and national enforcement policies .

In addition, EPA may take action under Section 3008 of

RCRA against a holder of a State issued permit. This

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3.

4.

action will be based on any unresolved formal comments

that were made by EPA during the public review and

issuance of that permit. EPA shall give advance written

notice of such action to the State.

Site Visits

EPA is responsible for maintaining reliable national data

on hazardous waste management. These data are used to

report to the President and Congress on the achievements

of the hazardous waste program and to support EPA's

regulatory development efforts. Whenever EPA determines

that it needs to obtain certain information, EPA will

first seek to gain this information from the State. The

State agrees to reply in a reasonable time to 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 prior

notification to the State. EPA will share with the State

in a timely fashion any national or regional reports

developed by EPA as a result of such information

collection.

Enforcement Agreement

The RCRA Enforcement Agreement will be included as

Attachment Ato this Agreement. The intent of the

Enforcement Agreement is to provide a basis for

implementing an effective state/federal enforcement

relationship. The Enforcement Agreement identifies

oversight criteria, standards for assessing compliance and

enforcement performance standards, protocols for

notification, consultation, overfi1ing on RCRA enforcement

matters, and state reporting. This Enforcement Agreement

also delineates the relationship of the state enforcement

policy to the compliance strategy and the Enforcement

Agreement itself. The objective of the Enforcement

Agreement is to maintain a stable, predictable, and

coordinated enforcement presence.

•

G. State Delisting Action

If a state delisting action causes the authorized program to be

no longer equivalent to EPA's, then EPA shall provide written

notification of this position to the state within 20 working

days of the action. The State shall have 20 working days to

refute or demonstrate equivalency before EPA may begin proceedings to withdraw program approval.

H. Provisions for Modification of the MOA

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•• 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 agre~d upon.

As final authorization is achieved for the 1984 amendments to

the Hazardous and Solid Waste Act (HSWA) and future amendments

to RCRA these shall be appended as attachments to this memorandum of agreement with any necessary changes to state statutes,

regulatioDs, the state program description, and Attorney

General's statement. Until the state is authorized for the

1984 HSWA and any future amendments, EPA shall retain responsibility and authority for the amendments. Any revisions or

modificatioDs must be in writing and must be signed by both the

Director and the Regional Administrator.

•

•

For the State:

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

~£"~'J AndreBeatti Riniker

Title: Director

Date: It. I'f~S"·

For the Federal Government:

U.S. ENVIRONMENTAL PROTECTION

AGENCY, REGION X

By:

Title:

Date:

111-17