# ·' November 26, 1985 112015/85 State/EPA MemorandumofAgreement Outline forFinal Authorization
I. 

### General
II. Responsibilities ofParties
A. Policy Statement
B. Provision for TransferofInformation
1.

- EPAProgram InformationTransfer 2. State Program InformationTransfer 3. EmergencySituations and InformationTransfer 4. Confidentiality
C. Frequencyand ContentofReports



# • D. 1. Monthly 2. Biennial 3. Other
Conditions for State Program Reviews
1. General 2. Approach



# •• E. Permit Issuance
1. EPAPermitting 2. State Permitting 3. EPAOverview ofState PermitActions
F. Provisions for ComplianceMonitoring andEnforcement
1. State' 2. EPA 3. SiteVisits 4. EnforcementAgreement
G. State.DelistingAction
H. Provisions forModification ofthe MOA

### ,MEMORANDUMOFAGREEMENT BETWEEN 

### THESTATEOFWASHINGTON AND 

### THEUNITEDSTATES ENVIRONMENTALPROTECTIONAGENCY REGIONXFORFINALDANGEROUS WASTEPROGRAMAUTHORIZATION
November 26, 1985
I. GENERAL
This Memorandum of Agreement (hereafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR 271.8 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, 42USC 

### 6901, et seq.) 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. 

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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, 

# 0 RegionX (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 40CFRPart 271.
The parties will review this Agreementjointly at least once a year during preparation ofthe annual State GrantWorkProgram (hereafter "State Work Program"), in conjunction with grant funding under section 3011 ofRCRA.
Until the state's program is amended to reflect the federal requirements in, or stemming from, the Hazardous and Solid Waste Amendments of 1984 (HSWA), and such program amendments receive interim or final authorization, EPA shall have the authority in the state to carry out the prOVisions requiredby the HSWA.
This Agreement will remain in effect until the State withdraws from authorization or until such time as state'programauthorization is withdrawn by EPA, according to the provisions of 40CFR 271.22 or reverts to EPA according to the prOVisions of40 CFR 271.23.
This Agreement will take effect at the time the state's authorization takes effect, which shall be 14 days after the date ofpublication in the Federal Register ofEPA's decision to grant authorization to the state. 

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III-1II. RESPONSIBILITIES OF PARTIES 

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• A. Policy Statement
Each ofthe parties to this Agreement is responsible for ensuring that its obligations underRCRA are met. TheDirector andthe Regional Administrator agree to maintain ahigh level ofcooperation and coordinationbetween state andEPA staffs in apartnership to assure successful and effective administrationofthe state authorized program. The state has primary authority and responsibility for all aspects of the hazardous waste programwithin its boundaries. EPAIS primary responsibility under this agreement is the oversight of the fully authorized stateprogram. Thepurpose of oversight is to ensure that progress on environmental objectives is being made and environmental laws are being implemented in a consistentmanner. EPA retains its responsibility to ensure full and faithful execution of the requirements ofRCRA including direct implementation in the eventthe state is unable to act. Under final authorization, Washington will have responsibility for coordination ofthe programwith other authorized states andwithEPA in states without authorization. Thestate expects to have minimumresources for implementing this program and willprioritize activities and accomplish themin order ofpriority.
EPA**a~sumes** 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 onOverall 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. Respect 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 thatwill 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 shouldbe measured.
1II-2TailorAmount ofOversight. The level and amountofoversight 

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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 performance levels, requires less oversight. Specifically, there should be less need for real time reviews. Conversely, poor performance should result in increasedoversightbyEPA. A new delegation should include a specified transition period. In general, the agency's oversight should reflect changing state needs and programpriorities. Emphasis onStrong, Informal EPA/StateRelationships. EPA RegionX 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 and progress. The states will also be encouraged to participate in the oversight of their own programs through joint audits andto 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. Oversight will be accomplished by EPA through written reporting requirements,**p~rmi**t overview, compliance and enforcement'overview, and joint review with,the state ofits program. EPA will keep the state informedof the content and meaning of federal statutes, regulations, guidelines, standards, policy decisions, directives, and any other factors that affect the state program. EPAwill 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.
B. Provisions for Transfer ofInformation
1. EPAProgram InformationTransfer
EPA agrees to provide copies of state "notification of dangerous waste'activities" form 2 (ECY030-5), in lieu of EPA Form (8700-12) to generators, transporters, and TSD facilities who request assistance with obtaining anEPA/ State ID number. ' 

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EPA will also prOVide, within ten (10) working days of receipt, originals of EPANotificationForms (8700-12) or StateNotificationForms (ECY 030-5), includingEPA identi- 

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fication number, submittedby persons located in the state

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• 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.
EPA agrees to transfer to the Director orhis designee any remaining originals of PartA and PartBhazardous waste management facility permit applications, including that information pertaining to land disposal facilities submitted to EPAunder 40

### eFR270.10by facilities located in the state before the date ofthis Agreement,. togetherwith all pertinent file information (which includes narratives, plans, maps, etc.) draftpermits, 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 morethan thirty (30) days ofthe date offinal authorization.
EPA will also provide, within five (5) working days of receipt, originals ofPartA andPart Bpermit 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 inthe Federal Register adopted pursuant to RCRA or required of**anoth~r** Federal agency to implement the full scope of the State approved dangerous waste managementprogram. EPAwill 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 or operationof 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 orpending 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.

III-4EPA agrees to provide the state, upon request, any data 

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or'information necessary for the development and maintenance of the state's automated data processing files and compliance monitoring and permit tracking system.
2. State,Program InformationTransfer
The state agrees to require newgenerators, transporters, and hazardous waste management facilities to obtain identification numbers consistent with the Dunn andBradstreet Data Universal Numbering (DUN) system forbusinesses and General Service Administration Real Property Number, or equivalent, for governmental agencies. EPA andthe state will participate in a joint effort to assignDUNidentification numbers to all new generators, transporters, and TSD facilities who notify the state. Thestate will receive and review all new and revised notifications of dangerous waste activities and send a copyto**E~Afor** an identification number assignment. EPA will inform each requestor, by mail, of the new ID numberwithin thirty (30) days of receipt. The state will also inform the , requestor of the newidentificationnumber. BothEPA and the state'will work as rapidly as possible to provide identification numbers to new notifiers. Thestate will also submit any updates or changes inpreviously submitted 

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notification and PartA permit application information. This information will be provided to theRegionalAdministratorwithin twenty (20) working days ofreceipt.
The state agrees to inform the'RegionalAdministratorof any proposed or adopted program changes whichwould affect the state'sability to implement the authorizedprogram. Program changes of concern include modification of the state's legal authorities (i.e. statutes, regulations, and**judi~ial** or legislative actions affecting those authorities), modifications or memoranda of agreement orunderstanding with other agencies, and modifications of resource levels (i.e., available orbudgeted personnel and funds withinthe framework of the SEA)". The state recognizes thatprogram revisions must be made in accordance with theprovisions of40

### eFR271.21.
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 provides for exceptions,of information for public disclosure.
The state will provide compliance monitoring andenforcement information to the Regional Administratoron a routine 

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basis as specified in the state work program and the reporting section of**t~is** agreement.

III-5

# • As specified in the StateWurkProgram, 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.
Wherethe stateprogram involves the granting ofvariances or waivers, less stringent requirements than comparable federal requirements orvariances will notbe imposed. The state agrees to provide EPAwith a copy ofeach stateRCRA variance orwaiver at the time it is granted. Any request for a variance or waiver concerning a RCRA regulated waste will be sent to the RegionXEPA office in Seattle for written comment before issuance. The department wiil respond in writing to any consaent.s or concerns raised in the EPA review. All written responses shall be provided to EPA before a variance or waiveris issued.
For the purposes ofpermitoverview the state will provide EPA with the following information on the treatment, storage, and disposal facilities as identified and agreed to inthe annual programplan. 

# • ITEMDESCRIPTION Copies offacility permit applications and closure plans for review. Copies ofdraftpermits, proposedpermitmodification fact sheets Copies offinal permit orpermitmodifications Copies ofclosure plan approval public notices and permit determination public notices FREQUENCYOF SUBMISSION
Within 15working days of receipt

Within 10working days ofcompletion

Within 10working days ofcompletion
Within 5working days ofpublic notice



# • 3. Emergency Situations and InformationTransfer Upon receipt ofany information that the handling, storage, treatment, transportation, or disposal ofhazardous waste is endangering human health or the environment, the party in receipt of such information shall immediately notifyby telephone the other party(ies) to this Agreement of the

III-6/

existence of such' situation. A list of appropriate contacts will be maintained and updated as apart ofthe annual programplan.
4. Confidentiality

a. Any information obtained or used inthe administration of the state program shall be available to EPAupon request without restriction. Ifthe informationhas been submitted to the state under a claimofconfidentiality, the state must submit that claim toEPA whenproviding information. Any information obtained from a state and subject to a claimofconfidentiality will be treated inaccordance withthe regulations in 40 CFRPart 2. 

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C. Frequency and Content ofReports
The state agrees to submit to RegionI, EPA the following documents, reports, and other information: 

### b. EPA agrees to furnish to the state information in its files which is not submittedunder a claimofconfidentiality and which the state needs to implement its program. Subjectto the conditions of40CFR Part 2, EPA will furnish the state information submitted to EPA under a claimofconfidentialitywhich the state needs to implement its program. All confidential information EPA agrees to transfer to the state will be transferred in accordance withthe requirements of 40 CFR Part 2. 

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1. Monthly (on the 15thofthe month for themonthpreVious) compliance monitoring and enforcement report and permit status .reports.
2. Biennial report sumaar i.zing the quantities and types of hazardous waste generated, transported, treated, stored, and disposed in the state as specified inthe RCRA guidance, by October 1 ofeach even-numberedyear. 3. Additional reports as negotiated in the State Work Program, and updated facility status information as necessary. D. Conditions for State ProgramReview
1. The Regional Administrator will assess the Director's administration and enforcement of the stateprogramon a continuingbasis for equivalence and consistencywithRCRA, with this Agreement, andwith all applicable Federal requirements. This program evaluation will generallybe accomplished by an EPA review ofthe information submittedby

III-7 

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• 2. the Director in accordance with this Agreement and the State Work Plan, permit overview, compliance and enforcement overview, and review of state program activities. TheRegional Administrator may also consider, as partof this regular assessment, written comments about the state's program administration and enforcement that are received from regulated persons, thepublic, and federal, state,and local agencies. Copies of any such coament.s 

### receivedby the Regional Administratorwill be provided to theDirector.
The following approach to state program review will be followed .byEPA 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 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 ProgramAssistantDirector.
The review of state program activities shall be conducted as ajoint 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 thirty (30) 

### days prior to the 3udit. Reviews shall be 

### no more frequent thanquarterly and shall becomeless frequent as the state program matures and goodperformance is demonstrated consistently. Thescheduling should include ajointly agreed to state/EPA format and contentofthe reviewwhich 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 fifteen (15) days prior to conducting any other review of state files. Under emergency situations the IS-day notice maybewaived, however, priornotice 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 stateprogram administration and enforcement. During the first year of final

. authorization EPA may conduct RCRA file reviews at quarterly intervals. In the spirit ofEPA'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

.

III-8Program review meetings between the director and the 

# 0 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 weekbefore 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 inthe state.
EPA intends to addpermitting standards forprocesses 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**an~** 

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enforce RCRA permits in the state in the new areas until the state receives final authorization of equivalentand 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. EPAwill also transfer any pending permit applications, completed permits or pertinent file information to the state within thirty (30) days of the approval ofthe stateprogram in conformance with the conditions ofthis agreement.
Pursuant to RCRASection 3006(g)(1) and in accordance with the HSWA, EPA has the authority to issue or denypermits (or those portions ofpermits), to facilities inWashington for the requirements and prohibitions inHSWA, orin regulations adopted by EPA under the authority ofHSWA, until the stateIs program is amended to reflect those requirements and prohibitions, and authorization is received for those portions of the program. Tothe extent allowed by state authority, regulations and resources, such permits (or portions of permits), will be jointly issued byEPAandEcology.
In accordance with Section 3006(c)(3) of RCRA, Ecology will participate inthe administration ofthe requirements which take effect pursuant to HSWA, as state resources

III-9 

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• allow. Ecology's**activiti~5** to administer HSWA requirements will be established.on a facility-specific basis through facility management plans and referenced in the annual work program. Facility management plans, along with any associated agreements, will be reviewed and revised as often as necessary. Completion of**permi~** 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.
2. State Permitting
The state agrees to carry out permittingprocedures consistent and equivalent to those at 40 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 initiatedjointly withEPA.
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 WorkProgram regarding draft TSD facility permits and major permit modifications during the required 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 Lssued after final authorization but for which the processing mayhave begun before final authorization

.

III-tOThe state agrees that any compliance schedules contained 

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in permits will require compliance with the dangerous waste regulations.
3. EPAOverview ofState PermitActions
EPA's overview funct.Lon for permit actions, including closure of interim status and final status facilities, will focus on those facilities identified inthe 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 tonsistent guadance 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.

a.

b. The Jirst review will be of the draft application submitted by the TSD facility priorto completeness determination by the state. EPA will review the draft application to aid in determining ifall appropriate technical information has been provided. The purpose of this review is to avoid a·situationwhere a permit is drafted and then cannotbeissueddue to a lackofinformation or inadequate information inan application. EPA's review comments shall include the following: 1) a justification, basedonguidance or regulation, why additional or different information is necessary, and 2) a specific descriptionofwhat changes need to be made in order to determine the application complete. These comments must be submitted inwritingto the state in accordancewith the application review schedule establishedbythe state.
The second review will be of the initial draft of the permit prior to the public noticeprocess. This is an informal review, the primarypurpose 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 tothepermit 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

III-ll 

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# • comment); 2) the action that should be takenby the state in order to address the coemeat.s (including the conditions which the permit wouldinclude ifit were issuedby 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 onthis 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 inwriting.

c. Thethird review is the formal review of the dzaft. 

### permit .following public notice. During this review EPA may comment in writing on any draft permit action or proposed permit modification, whether or not EPA commented on the permit application, within forty-five (45) days ofpublic notice. For all comments including those whereEPA indicates that issuance of the permit or the permit action would be inconsistent with the approved state program, EPA shall include in the comment; 1) a statementofthe reasons for the comment (includingthe sectionofthe state regulations andRCRA that support the comment); and 2) the actions that shouldbe takenby the state in order to address the comments (including the conditions which the permitwouldinclude ifitwere issued by EPA). EPA may provide a copy ofits comments to .the applicant where a cODIDent is made that the draft permit includes conditions inconsistent

.with the approved state program or lacks conditions

necessary to be consistentwith the approvedprogram. When EPA submits anycomments to the applicant, such comments shall also be provided verbatim to the state at the same time. The state shall provide a written explanation for addressing the formal comments submitted byEPA 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**stat~ment** 

### shall also include a 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 sametime it is submitted to the state. This withdrawal statement shall be 

### submitted within ten (to) 

### days prior to the·scheduledpermit issuance date

.

1II-12·TheRegional Administrator dudthe Director shall agree to meet at the request of the state in circumstances where comments by EPA on a draft or proposed permitare not sufficiently resolved by staffto allow issuance of the permit. Ifthe state believes that the terms imposed by EPA staffcomments are notjustified 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 ofreceiving the Director's request. The Regional Administrator and the Directorwill make maximum effort to meetwithin twenty (20) days ofthe Regional Administrator receiving the Director's request. 

### An agenda and briefing paper covering the issues needing resolution shall be preparedby EPA and the state andboth shall beprovided to the Regional Administrator and Director at least five (5) working days before the scheduled meeting.

. Under Section 3008(a)(3) of RCRA, EPAmay terminate a stateissued permit in accordance with the procedures of Part 124, SubpartE, or bring an enforcement action in accordance with the procedures of 40 CFR Part22in the case ofaviolation of a state program requirement. In exercising these authorities, EPAwill observe the conditions established in40 CFR271.19(e). Upon a request by the state, EPAwill provide technical assist- 

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ance for permit actions within EPA resource and expertise constraints. This assistance could be in the form of using the "permit assistance team," Region Xstaff, orEPA contractor(s).
F. Provisions for Enforcement and Compliance Monitoring Uponfinal authorization, the statehas 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 aremandatory for an effective enforcement and compliance monitoring programunder final authorization; 1) clear oversight criteria specified in advance for program pe r fo rmance 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.
1. State
The state agrees to carry out a timelyandeffective pro- 

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gram for monitoring the compliance ofgenerators, transporters, and facilities with applicable program requirements. As part of this program, the state will conduct



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• compliance inspections to assess compliancewith generator and transporter standards (includingmanifest requirements), facility standards, permit requirements, (including late or deficient Part Bapplications), compliance schedules, and all other program requirements, including violations detected by state or Federal compliance inspections. A compliance and enforcement tracking systemis 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 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. Timely and appropriate state enforcement response will be based on a department approved enforcement policy for dangerous waste program violations. This policywillbe consistent with state requirements for ensuring that all major threats to the·environment and public health are treated effectively.
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 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 will be retained until such action is resolved.
2. 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 onlyoccur 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

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III-14For the purposes**~f** oversight of compliance inspections and enforcement EPA shall maintain a policy of "no surprises" to ensure the productive use oflimited state and federal resources and an effective "partnership" in achieving compliance. This principle should be applied to all aspects ofthe compliance andenforcementprogram; 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 onthe followingmatters:

• Advance notification of intended inspections and enforcement actions;

• Specific identificationofwho will be notified;

• How the notificationwill be done; 

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• When the notificationwill occur;


# • Define the process for state/federal consultation and dispute resolution on enforcement actions and policy and regulatory interpretation. 

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The written agreement to be established on the above matters is incorporated by reference in this memorandum ofagreement.
EPA also agrees to inform the state in writing in a timely manner of any national or regional policy changes or program direction changes andwill generally allowthe state a minimum of ninety (90) days to implement those changes. At a minimum, the following will be adhered to by EPA, EPA shall a.ttend approximately ten (10) percent of the state's compliance inspections to evaluate the state's techniques, follow-up activities, andenforcement actions. EPAwill receive from the state, thirty (30) days prior to the beginning of each quarter, a list offacilities to be inspected for the upcoming quarter. Bythe end of the first week of that quarter EPA will submit to the state hazardous waste program director a listoffacilities to receive an oversight inspection that quarter (approximately 

### 10%). Specific inspection dates will be scheduled with the appropriate inspector at leastten 

### (10) working days before the inspection is to occur. EPA shall only 

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conduct independent oversight inspections after giving a minimum of ten (10) working days written notice to a

III-IS

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• 3. Department ofEcology representative oftheir intent to do so and giving the Department ofEcology an opportunity to attend.' If EPA has a concern about aparticular facility or compliance situation, they shall request that the departmentperforman inspection, and fifteen (15) working days prior notice will be the standardbusiness practice. This notice may be oral initially, but shall be provided to Ecology in writing at least ten (10) working days in advance of the'date thatEPAwould conduct an inspection. If the state performs a compliance inspectionand 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 statebefore 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) ofRCRA.
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 complyingwith a condition ofthatpermit.
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 action will be based on any unresolved formal comment.s 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 onthe achievements of the hazardous waste program and to supportEPA's regulatory development efforts. WheneverEPA 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. 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 reports or regional reports developed by EPA as a result of such information collection.
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### 4. EnforcementAgreement
The RCRA enforcement agreement will be included as Attachment Ato this agreement. Theintent ofthe enforcement agreement is to provide abasis 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, overfiling on RCRA enforcement matters, and state reporting. This enforcement agreement also delineates the relationship of the state enforcementpolicy to the compliance strategy and the enforcement agreement itself. The

. objective of the enforcement agreement is to maintain a stable, predictable, and coordinated enforcementpresence. 

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G. StateDelisting Action



### H. If a state delisting action causes the authorized program to be no longer equivalent to EPA's, then EPA sha 11 provide written notification of.this position to the state within twenty (20) working days of the action. The state shall have twenty (20) working days to refute ordemonstrate equivalency beforeEPAmaybegin proceedings to withdrawprogramapproval.
Provisions forModification of theMOA
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 agreed upon. As final authorization is achieved for the 1984amendments to the Hazardous and SolidWaste 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, regulations, 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 modifications must be in writing and must be signedbyboth the director and the Regional Administrator. 

# o

For the State:
STATE OFWASHINGTON DEPARTMENT OFECOLOGY

# By~~**Title:~7~ &r?~**  Date: 

# !!p.5' /,9
III-17Forthe Federal Government:
U.S. ENVIRONMENTALPROTECTION AGENCY, REGIONX