APPENDIX VI 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 


REGION 10 


1200 Sixth Avenue, Suite 900 

Seattle, WA 98101-3140 

OFFICE OF 

COMPLIANCE AND ENFORCEMENT 

AUG 3 0 2010 

Reply to: OCE-I27 

MEMORANDUM 

SUBJECT: Agreed Clarifications to Enforcement and Compliance Documents Flow between 

U. S. Environmental Protection Agency Region 10 and Idabo DEQ 

FROM: Jeff KenKnight, Manager AirlRCRA Compliance Unit ~At~ 

TO: Brian Monson, Idabo Department of Environmental Quality 

This memorandum serves to provide notice to interested parties that certain clarifications have 

been agreed to by United States Environmental Protection Agency Region 10 (EPA) and the 

Idaho Department of Environmental Quality (DEQ) concerning the required enforcement and 

compliance document flow under the Memorandum of Agreement between the State of Idaho 

and the United States Environmental Protection Agency Region 10 revised on July 30,2001 

(MOA). 

First, Items 3 and 4 on the schedule found on pages 18 and 19 of the MOA entitled 

"ENFORCEMENT AND COMPLIANCE DOCUMENT FLOW BETWEEN EPA AND DEQ" 

have been agreed to no longer be required by DEQ unless specifically requested by EPA. 

Second, any item required to be submitted under the MOA may be submitted to EPA or DEQ 

electronically. 

Third, enforcement and compliance documents will be submitted to the following named 

individuals at the following email or physical address: 

To EPA: 

Adam Baron 

RCRA Compliance Officer 

U.S. EPA Region 10 OCE-127 

1200 Sixth Avenue, Suite 900 

Seattle, W A 98101 

baron. adam @epa.gov 

To IDEQ: 

Natalie Clough 

Hazardous Waste Compliance Manager 

IdahoDEQ 

1410 N. Hilton Street 

Boise, ID 83706 

Natalie.Clough@deg.idaho.gov 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 RECEIVED 

1200 Sixth Avenue, Suite 900 uAR 07 2011 

Seattle, WA 98101-3140 "" 

OEPT. OF ENVJ~MENrAL OOAUTY 

o~I!IHI(l'lI'''''' MAR 0 3 AiR, WASTE AND TOXles 2011 

~fr. Brian Monson, Manager 

Waste Management and Remediation Division 

Idaho Department ofEnvironmental Quality 

1410 N. Hilton 

Boise, ID 83706 

Re: 	 Agreed Clarifications to RCRA Pennitting and Correetive Action Document Flow 

between EPA and Idaho DEQ 

Dear Mr. Monson: 

This letter documents certain clarifications that have been agreed to by United States 

Environmental Protection Agency Region 10 (EPA) and the Idaho Department of Enviroumental 

Quality (DEQ). The clarifications concern the required Resource Conservation and Recovery 

Act (RCRA) pennitting and corrective aetion document flow wlder the EPA and DEQ's 

Memorandum ofAgreement (MOA), as revised on 7-30-01. 

The detailed tables attached to the MOA describing the flow of documents between DEQ and 

EPA have been updated and are enclosed. These tables have been updated as a collaborative 

etTort on behalf of the Agencies to limit unnecessary expenditure ofresources. 

If you have any questions or comments, please contact Zach Hedgpeth ofmy staff at 206/553­

1217 or hedgpeth.zachra:epa. gov. Alternate! y, you may contact Robbie Hedeen, of the 

Corrective Action and Pennits Team at 206/553-0201 or hedeen.roberta@epa.gov. 

/ 

Sincerely, 

.~ _ ~~ 

_L~h:r, ~anage~ Resource Management and . 

RCRA State Programs Unit 

Office of Air, Waste and Toxics 

Enclosures 

cc: John Brueck, IDEQ 

Robert Bullock, IDEQ 
2 

BASE PERMITTING DOCUMENT FLOW 


BETWEEN EPA AND IDAHO DEQl 


• Item 	 Item Descri tion State Action EPA Action' 

1-:1:--1 New/revised Part A ap lication 	 • Cop~E:P~A-!----t~R;:;.:e::.:v'7'ie:c:w,-,-,-,fi~le7--_-I Part B Permit application Copy to EPA Review and 

within 30 days comment, file 

of receipt 

3 Draft perm! 't sperm! / 't mod s and aII · S en 	d tEPA 0 30 R' ev!ewand 

i associated fact sheets and public days before i comment within 

! i ! notices start of public ! 30 days or as 

, . comment period . negotiated, file 

Final permits/permit mods; response Copy to EPA Review, file 

to comments; statement of basis or 

fact sheet; any technical justification 

!4 

, 1 relating to permit issuance 

Emergency permits 	 Copy to EPA File, review upon ! 

request 

6 • Closure Plan, associated NODs and • Copy to EPA • Review, file 

5 I 

• • public notices 

7 CloE\ure acceptance letter +-= I Copyt() EPA i File

8 • Permit Termination/Denial Copy to EPA • Review, file 

19 i All Public Notices Copy to EPA i Review, file ..._---­

Other, at DEO request" Per DEQ Assist DEO to • 10 

maximum extent 

possible 

schedule 

I 

1 Table applies to all permits/permitted facilities which are subject to the authorized 

hazardous waste program in Idaho. 

2 If DEQ knows or suspects there may be controversy or a potential precedent-setting 

issue(s) associated with a permit or other document, DEQ will inform EPA as soon as 

possible. DEQ and EPA may consult to inform EPA's decision regarding whether to 

conduct a review. 

3 DEQ may request an EPA review or EPA may choose to conduct a review. EPA may 

comment on any document it reviews and will inform DEQ that there will be comments 

as soon as possible. Generally, the decision for EPA to review will be determined 

during the quarterly meetings, but may also be amended based on new information, 

cursory review of a document, or other circumstance. Should EPA conduct a review, 

DEQ will copy subsequent submittals and correspondence relating to the document 

~e.g., NODs, revised part B, revised permit, etc.) to EPA. 

DEQ and EPA may negotiate timing during the quarterly meetings with updates as 

necessary. Default EPA review time for documents is 30 days from receipt by the EPA 

office. 

5 It is not necessary to send documents which are not identified on this table to EPA, 

unless specifically requested by EPA or unless DEQ requests EPA review. 

To save resources, as well as time and money, electronic transfer of documents 

is encouraged. 

Revised as of March 3, 2011
CORRECTIVE ACTION DOCUMENT FLOW 


BETWEEN EPA AND IDAHO DEQl 


-----··-------..1 

State Action~ • EPA Action3,~ 

1 

Item Item Desc;:ription 

Draft RFA Reports generated by Copy to EPA . Review and comment to 

State State within 30 days or 

tell State that EPA will not 

review 

2 Final RFA Reports sent to facilities Send to EPA in draft Review if EPA 

form when sent to commented on draft, file 

facility for comment , 

, 3 Final EI evaluation forms and Send to EPA • Review, file 

• NCAPS worksheets 

r­4:-----t-;·Draft Corrective Ac:::;:t;-io~n~o~rd--ce~rs----t-;;S:-e~n--;d-:---to E=:P::CA~in~d--cr~a"ft-----r""R:-e~vi:-e~w~a~n~d;--c~o~m~m-e-n-:-t---i 

i final form 30 days prior within 30 days or as 

. to issuance/public negotiated, file 

notice ~--;------I

5 Final Corrective Action orders, Copy to EPA Review, file 

revisions 

6 ~=--;---c-

, Remedy Selection documents, . Copy to EPA Review and comment, file i 

i including Statement of Basis, permit 

• modification, order, etc. 

I-c i 7=--~iC':::·orrective ActionC=-o~m=-CplC-e-Ctio-n 

i determinations/No Further Action 

· determinations 

! 8 All Public Notices ----._-----_...._----­ . 9 Other, at DEQ request 

! 

---_... 

Copy to EPA Review, file 

Cop to EPA Review, file 

Per DEQ s-'-ch:-'-e-d7'u'7---t A':-'s::"s7is::"t:"::D=-=E::':Q;;:""'to-m-a-xc-im-u-m---J le

extent possible 

1 Table applies to all corrective action facilities which are subject to the authorized hazardous waste 

program in Idaho. 

If DEQ knows or suspects there may be controversy or a potential precedent-setting issue{s) 

associated with an action or document, DEQ will inform EPA as soon as possible. DEQ and EPA 

may consult to inform EPA's decision regarding whether to conduct a review. 

3 DEQ may request an EPA review or EPA may choose to conduct a review. EPA may comment on 

any document it reviews and will inform DEQ that there will be comments as soon as possible. 

Generally, the decision for EPA to review will be determined during the quarterly meetings, but may 

also be amended based on new information, cursory review of a document, or other circumstance. 

Should EPA conduct a review, DEQ will copy subsequent submittals and correspondence relating to 

the document (e.g., revised EI, revised Order, etc.) to EPA. 

4 DEQ and EPA may negotiate timing during the quarterly meetings with updates as necessary. 

Default EPA review time for documents is 30 days from the date of receipt by the EPA office. 

5 It is not necessary to send documents which are not identified on this table to EPA, unless 

specifically requested by EPA or unless DEQ requests EPA review. 

To save resources, as well as time and money, electronic transfer of documents is 

encouraged. 

Revised as of March 3, 2011