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• I. 

### MEMORANDUMOFAGREEMENT BETWEEN THESTATEOFWASHINGTON AND 

### THEUNITED STATES ENVIRONMENTALPROTECTIONAGENCY REGIONX

### FORFINALDANGEROUS WASTEPROGRAMAUTHORIZATION June 30, 1985
GENERAL
This Memorandum of Agreement (hereafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR271.8 for operation of the State ofWashington'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, 42U.S.C. 6901, et**~)** 

### and the United States Environmental Protection Agency- (hereafter EPA) .Regional Office for RegionX. 

### This Agreement further sets forth the manner in which the State will coordinate withEPA inadministering the State Program.
This Agreement is entered into by the Director of the Washington State Department ofEcology (hereafter "Director" or "the State'), the lead agency for the State Program (as designatedby the State pursuant to 40 CFR 271.6(b) and the Regional Administrator, EPA, RegionX

### (hereafter "RegionalAdministrator" 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 construedto contravene 40 CFRPart271.
The parties will review this Agreementjointlyat leastonce ayear during preparation of the annual State Grant Work Program (hereafter "State Work Program"), inconjunctionwith grant funding under section 3011 ofRCRA.
This Agreement will remain in effectuntil the Statewithdraws from authorization or until such time as State Programauthorization is withdrawn by EPA, according to the provisions of40 CFR271.22, or reverts to EPA according to the provisions of40 eFR271.23.
This Agreement will take effect at the time the State's authorizationtakes effect, which shallbe 14days after the date ofpublication intheFederal Register ofEPA's decision to grant authorization to the State.

II. RESPONSIBILITIES OF PARTIES



# • 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 andeffective administrationofthe State authorizedprogram.
The State has primary authority and responsibility for all aspects of the hazardous waste programwithin 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 thatprogress on environmental objectives is beingmadeand environmental laws are being implemented ina consistent manner. EPA retains its responsibility to ensure full and faithful executionofthe requirements ofRCRA including direct implementation in the event the State is unable to act. Under final authorization, Washingtonwill have responsibility for coordination of the program with other authorized states and withEPA in states without authorization. The State expects to have minimumresources for implementing this program and will prioritize activities andaccomplish them inorder 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 amanner consistentwith the following principles outlined in the official RegionX OversightPolicy:

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 ofoverall 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.

UseSpecific Performance Criteria EPA will specify the criteria after consultation with the states that will be used to assess State Programperformance 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 shouldbemeasured.
TailorAmountofOversight The level and amount ofoversight will be geared to the maturity and performance of the State Program. Aprogram 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 oversightbyEPA. A new delegation should include a specified transition period. In general, the agency's oversight should reflect changing state needs andprogrampriorities. Emphasis on Strong, Informal EPA/StateRelationships. 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 minimumnecessary for the timely assessment and resolution of environmental problems andprogress. The states will also be encouraged to participate in the oversight of their ownprograms through joint audits and to evaluateEPA's performance inproviding assistance andmeeting commitments.

EPAwill RetainResponsibility. 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 consultationwith the State. Oversightwill be accomplishedby EPA throughwritten reporting requirements, permit overview, compliance and enforcement overview, and joint reviewwith the State ofits program. EPAwill 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. EPAwill share with the State any national reports developedby EPA from the data submitted through State reporting requirements.

Provisions for Transfer ofInformation

1. EPA Program InformationTransfer

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 anEPA/State IDnumber.

EPA will also provide, within ten (10) working days of receipt, originals of EPANotificationForms (8700-12) or State Notification Forms (ECY 030-5), including EPA identificationnumber, submittedby 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 ofreceipt

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• EPA agrees to transfer to the Director or his designee any remaining originals of PartAand PartBhazardous 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 Directororhis designee withinno more thanthirty (30) days ofthe date offinal authorization.

EPA will also provide, within five (5) working days of receipt, originals ofPartAandPartBpermit applications
or revisions submitted directly to EPA after the date of final authorization.

EPA will keep the department informed ofall proposed or adopted federal regulations as promulgated in theFederal Register adopted pursuant to RCRA orreqUired ofanother federal agency to implement the full scope of the State approved dangerous waste managementprogram.
EPA will assist the department in obtainingpublications 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 oroperation of a State approved hazardous waste managementprogram.
EPA agrees to make available to the State copies ofany reports and data resulting from compliance inspections within sixty (60) days ofcompletion ofthe 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 documentpublicly filed and correspondence with the respondent is no longer considered enforcement sensitive. EPA shall clearly indicate inwriting which documents or other types ofinformation provided to the state are enforcement sensitive at the time they are provided. EPA shall also notify the state inwriting 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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• 2. maintenance of the State's automated data processing files and compliance monitoring and permit tracking system.
State ProgramInformationTransfer
The State agrees to require newgenerators, 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 ajoint effort to assign DUN identification numbers to all new generators, transporters, and TSD facilities whonotify 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 PartApermit application information. This informationwill be provided to the Regional Administratorwithin twenty (20) working days ofreceipt.
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 ofconcern include modification of the State's legal authorities (i.e. statutes, regulations, andjudicial or legislative actions affecting those authorities), modifications or memoranda of agreement or understanding with other agencies, and modifications of
resource levels (i.e., available orbudgetedpersonnel and funds within the framework ofthe SEA). The State recognizes that program revisions must be made in accordance with the provisions of40 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 WorkProgram and the reporting section ofthis Agreement.

As specified in the State WorkProgram and the reporting section of this Agreement, the State will provide the Regional Administrator with information indicating the status ofthe State's facility permitting activities

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# • Where the State Program involves the granting ofvariances
or waivers, less stringent requirements than comparable federal requirements or variances will not be imposed. The State agrees to provide EPAwith a copy ofeach State RCRAvariance orwaiver at the time it is granted. Any request for a variance or waiver concerning a RCRA regulated waste will be sent to the Region 10EPAoffice in Seattle for written coounent before issuance. The department will respond in writing to any coounents or concerns raised in theEPA review. All written responses shall be provided to EPA before a variance orwaiver 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 programplan.



# • ITEMDESCRIPTION Copies offacility permit application. Copies ofdraftpermits, proposedpermitmodification fact sheets Copies of final permit
orpermitmodifications Copies ofclosure plans for review Copies ofclosure plan approval public notices and permit determination public notices FREQUENCYOF SUBMISSION
Within 15working days ofreceipt
Within 10working days ofcompletion

Within 10working days ofcompletion
Within 5 working days ofpublic notice
Within 5 working days ofpublic notice



# • 3. Emergency Situations and InformationTransfer 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 in40 CFR Part 2.



# • C. 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 ofReports
The State agrees to submit to RegionX, EPA the following documents, reports, and other information.

1. Monthly (on the 15th ofthe month for the monthprevious) 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.


# • 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 StateProgramReview
1. The Regional Administrator will assess the Director's administration and enforcement of the State Programon a continuing basis for equivalence and consistency with RCRA, withthis Agreement, andwith all applicable federal requirements. This program evaluation will generallybe accomplishedby anEPA review ofthe information submitted by the Director inaccordancewiththis Agreement and the State WorkPlan, permitoverview, compliance andenforcement overview, and review of State Program activities. The Regional Administrator may also consider, as partof this regularassessment, written comments aboutthe State's program administration and enforcement that are received from regulatedpersons, the public, and federal, state, and local agencies. Copies of any suchcomments receivedby theRegional Administratorwill beprOVided to theDirector.



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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 submittedby the state in accordance with this agreement and the work plan will be submitted in writing to the StateHazardous Waste ProgramAssistantDirector. AllEPA concerns raised
as a result ofpermit overview, compliance and enforcement overview, and review of State Program activities will be submitted by EPA to the State Hazardous Waste Program AssistantDirector.
The review of State Programactivities shallbe conducted
as a joint review by EPA and the State Hazardous Waste Program. Joint reviews, including any associated audits ofthe State regional office operations, shallbe scheduled with written notice at least 30 days prior to the audit. Reviews shallbe no more frequent thanquarterly and shall become less frequent as the state program matures and good performance is demonstrated consistently. The scheduling should include ajointly agreed to State/EPA format and content ofthe reviewwhich reflects goals and commitments outlined in the National Program Criteria and the annual State ProgramPlan commensurate with grant resources available to the state for meetingperformance criteria.

EPA will provide written notice to the State at least 15 days prior to conducting any other review ofState files. Under emergency situations the IS-daynotice may be waived, however, prior notice is still required.

To ensure effective program review, the Director agrees to allowEPA access to all RCRA files and otherRCRA information requested by the Regional Administrator and deemed necessary for evaluating State Program administrationand enforcement. During the first year offinal authorization

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• EPA may conduct RCRA file reviews at quarterly intervals

. Inthe spirit ofEPA's oversightpolicy these reviews will generally be reduced to annual or in some cases semi-annual frequency after adequate performance levels havebeen demonstrated. Program review meetings between the Director and the Regional Administrator or their assignees will be scheduled at reasonable intervals not less thanannually to review specific operatingprocedures and schedules, to resolve problems, and to discuss mutual programconcerns. Thesemeetings mustbe scheduled at least thirty (30) days in advance ofthe meeting, with a final agendapreparedby EPAand submitted to theDirector for commentat leastone week before the meeting date, unless otherwise agreed upon.
E. Permit Issuance
1. EPAPermitting Upon approval of the State Program (final authorization), EPAwill suspend issuance offederal permits for hazardous waste treatment, storage, and disposal facilities in the State

. EPA intends to add permitting standards forprocesses not currently coveredby the Part 264 standards. For example, the Part264 standards do not currently cover treatment and storage of hazardous substances in certain types of underground tanks. WhenEPA 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 ofequivalent and consistent State standards. Every attemptwill be made to coordinate with the State in processing these permits. At the time the State Program is approved in the newareas, EPAwill 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 conformancewith the conditions ofthis Agreement. Completion of permit actions in progress and disposition ofEPA issuedpermits will generallybe 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 . StatePermitting The State agrees to carryout permitting procedures consistent and equivalent to those in40 CFRParts 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 initiatedjointlywithEPA.
The State is responsible for expeditiously drafting, circulating for public review and comment, issuing, modifying, reissuing, and terminatingRCRApermits for all hazardous waste TSD facilities inthe State, and shall do
so in a manner consistent with RCRA, this Memorandumof Agreement, all applicable federal requirements, andwith the State's program description. Annual commitments for the call in and issuance ofpermits will be reflected in the approved annualprogramplan.

The State agrees to consider all timely comments EPAmakes
onTSD facilities as identified in the approved StateWork 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 inwritingbefore issuing the permit ormaking the modification

. The State agrees to issue, modify, and reissuepermits 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 authorizationbut for which the processingmay have begunbefore final authorization.
The State agrees that any compliance schedules contained in permits will require compliance with the Dangerous Waste Regulations.



# • 3. EPA Overview ofState PermitActions 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 issuedRCRApermits 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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• a.



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c. 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 avoid a situation where a permit is drafted and then cannot be issued due to a lackofinformation 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 mustbe submitted inwriting to the state in accordance with the application review schedule establishedby the State.

The second reviewwill be ofthe initial draft ofthe permit prior to the public notice process. This is
an informal review, the primary purpose ofwhich is to identify any areas where the intent ofRCRA 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 thepermit going to public comment. The philosophyhere is that EPA and the department should resolve their differences at this point in the permitprocess to present a more consistent and unified approach to the regulated community. EPA shall include in their comments the following: 1) a statement ofthe reasons for the comment (including the section ofRCRA and the State regulations that support the comment). 2) the action that shouldbe takenby the state in order to address the comments (including the conditions which the permitwould include if itwere issuedby EPA).

EPA shall respond during this review period in accordance with the review schedule setby the State. Iffor some reasonEPA cannot respond in that time or does not wish to comment on this draftpermit review opportunity, they will so indicate inwriting to the State that they will not be commenting or theymay request anextended review time in writing.

The third review is the formal review of the draft permit following public notice. During this review EPAmay comment inwriting on any draftpermit action
or proposed permit modification, (this review includes nonmajor facilities), whether or not EPA commented on the permit application, within45 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 takenby the State in order to address the comments (including the conditions which the permitwould include ifitwere issued by EPA). EPA may provide a copy of its comments to the applicant where a comment is made that the draft permit includes conditions inconsistentwith the approved state programor lacks conditions necessary to be consistent with the approvedprogram.
When EPA submits any comments to the applicant, such comments shall also be providedverbatimto the state at the same time. The State shall provide a written explanation for addressing the formal comments submittedbyEPA during thepublic reviewperiod. Based
on this response, EPA shall withdraw such comments, in writing, when satisfied thatthe Statehas met or refuted its concerns. This withdrawal statement shall also include a statement of EPA's proposed
course of action, including timing, for any concerns which are notbeing withdrawn. Acopy ofthis statement and any comments made by EPAwhichhave notbeen resolved shall be sent to the applicant at the same time it is submitted to the State. This withdrawal statement shall be submittedwithin 10days prior to the scheduledpermit 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 imposedby EPA staff comments are not justifiedbecause 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 concurwith the Director's suggested date within ten (10) working days ofreceiving the Director's request. The Regional Administrator and the Directorwill makemaximum effort to meetwithin twenty (20) days ofthe Regional Administrator receiving the Director's request. 

### An agenda and briefing paper covering the issues needing resolution shallbe preparedby EPA and the State and both shall be provided to the Regional Administrator and Director at least five (5) working days before the scheduledmeeting.
Under Section 3008(a)(3) of RCRA, EPA may terminate a state-issued permit in accordance with the procedures of Part 124, SubpartE, 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, orEPA contractor.
Provisions forEnforcement and ComplianceMonitoring 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/federalpartnership and an oversight role. The state and EPA agree that the following elements are mandatory for an effective enforcement and compliance monitoring programunder 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 ofgenerators, 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 otherprogram requirements, including violations detected by state or federal compliance inspections. A compliance and enforcement tracking system is operatedby 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 andprogramperformance evaluation. Compliance monitoring and enforcement activities, priorities and reporting requirements will be specified in the annual state programplan and shallbe consistentwith applicable federal requirements and with the state's programdescription

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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 representedby the State.
The State agrees to retain all records for at least three years unless there is an enforcement actionpending. In that case all records willbe retained for at least three years after suchaction is resolved.

EPA

EPA's primary role in enforcement and compliancemonitoring under final authorization shall be that ofoversight
as described in Section II.A. and in accordance withoversight criteria and measures and oversightprocedures and protocols as set forth in this agreement. Deviations to these procedures will only occur inunusual circumstances where warranted and notwithoutpriorwrittenexplanation 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, consistentunderstanding on the following matters:
Advance notification of intended inspections and enforcement actions; Specific identification ofwhowill be notified; How the notificationwill be done; When the notificationwill occur;

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• Define the process for state/federal consultation and dispute resolution on enforcement actions andpolicy and regulatory interpretation.
The written agreement to be established on the above matters is incorporatedby reference in this memorandum of agreement.
EPA also agrees to informthe state inwriting in a timely
manner of any national or regional policy changes orprogram direction changes andwill generally allow the state a minimumof90 days to implement those changes.
At a minimum, the following willbe adhered to by EPA, EPA shall attend approximately 10percent of the state's compliance inspections to evaluate the state's techniques, follow-up activities, and enforcement actions. EPAwill receive from the state, 30 days prior to thebeginning of each quarter, a list offacilities to be inspected for the upcoming quarter. By the end of the first week ofthat 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 10working days before the inspection is to occur. EPA shall only conduct independent oversight inspections after giving a minimumoften working days written notice to a WDOE representative of their intent to do so and giving WDOE an opportunity to attend. IfEPA has a concernabout a particularfacility
or compliance situation, they shall request in writing that the department perform an inspectionwithin 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 Administratormayshorten 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 ofthe authorizedprogram 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 ofa state issued permit on the ground that the permittee is not complying with a condition ofthat permit.

This Agreement will be modified to reflect approved state and national enforcementpolicies

. In addition, EPA may take action under Section 3008 of RCRA against a holder of a State issued permit. This

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### 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 ofsuchaction to the State.
SiteVisits

EPA is responsible formaintaining 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 ina reasonable time to theRegional Administrator with this information if readily available and as resources allow. Ifthe 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. EPAwill share with the State in a timely fashion any national or regional reports developed by EPA as a result of such information collection.
EnforcementAgreement

The RCRA Enforcement Agreement will be included as AttachmentAto 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 onRCRA enforcement matters, and state reporting. This EnforcementAgreement also delineates the relationship ofthe 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 enforcementpresence.



# • G. StateDelistingAction

Ifa state delisting action causes the authorizedprogramto be
no longer equivalent to EPA's, thenEPA shall provide written notification of this position to the state within 20working days of the action. The State shall have 20working days to refute or demonstrate equivalencybefore EPAmaybeginproceedings to withdraw program approval.

H. Provisions for Modification ofthe MOA

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# •• This Agreement may be modified upon the initiative ofeither 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 SolidWaste Act (HSWA) and future amendments toRCRAthese shallbe appended as attachments to this memorandum of agreement withany necessarychanges to state statutes, regulatioDs, the state program description, and Attorney General's statement. Until the state is authorized for the 1984HSWAand any future amendments, EPA shall retain responsibility and authority for the amendments. Any revisions or modificatioDs mustbe inwritingandmustbe signedbyboththe Directorand theRegionalAdministrator.



# •

• Forthe State:
STATEOFWASHINGTON DEPARTMENTOFECOLOGY

# ~£"~'J AndreBeattiRiniker

Title: Director

Date: 

## It.

# I'f~S"· FortheFederal Government:
U.S. ENVIRONMENTALPROTECTION AGENCY, REGIONX



### By:

Title:
Date:

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