MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF 

### THE STATE OFOKLAHOMA AND THE UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY 

### REGION 6

I. GENERAL 

### This Memorandum of Agreement (hereinafter "Agreement" or "MOA") establishes policies, responsibilities, and procedures pursuant to 40 CFR 271.8 for the State of Oklahoma Hazardous Waste Management Program (hereinafter "State Program"), authorized under Section 3006 ofthe Resource Conservation and Recovery Act (hereinafter "RCRA" or "the Act") of 1976 (42 U.S.C. §6926), as amended, and for the United States Environmental Protection Agency (hereinafter "EPA") Regional Office for Region 6. This Agreement further sets forth the manner in which the Oklahoma Department ofEnvironmental Quality (hereinafter "DEQ") and EPA will cooperate to effect the DEQ's administration and enforcement of the State program and EPA's administration ofthe provisions ofthe Hazardous and Solid Waste Amendments of 1984 ("HSWA") for which the DEQ has not received final authorization. Forpurposes ofthis Agreement, references to "RCRA" includeHSWA. 

### This Agreement is entered into by the Executive Director ofthe DEQ (hereinafter "Executive Director" or "DEQ") and the Regional Administrator of EPA Region 6 (hereinafter "Regional Administrator" or "EPA") (collectively, the "Parties"). The DEQ is the only agencyinthe State authorizedto implementthe StateProgram. Nothing in this Agreement shall be construed to restrict in any way EPA's authority to fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this Agreement shall be construedto contravene anyprovision of40 CFRpart271. Duringpreparation ofthe annual State grant workplanI 

### in connection with grant funding under section 3011 ofRCRA, the parties willjointlyreview, and update if necessary, this Agreement to ensure consistencywith the annual State grant workplan. This Agreement also may be modified upon the initiative ofeither party in order to ensure consistency with State program modifications made or for any other purpose mutually agreed upon. Anyrevisions ormodifications to this Agreement mustbe in writing and must be signed by the Executive Director and the Regional Administrator. This

I In this Agreement, "annual State grant work plan" currently refers to the DEQ FOCUS document, which contains DEQ-EPA negotiated RCRA work plan activities and is updated annually. Should a futnre document replace the DEQ FOCUS document and contain the DEQ-EPA negotiated RCRA work plan activities, "annual State grantworkplan" shall referto thatdocument.Agreementwill remain in effect until such time as Stateprogram authorizationis withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures established in40 CFR 271.22 and40 CFR 271.23. This Agreement supersedes all previous Memoranda of Agreement, which were executedbefore the date ofthis document, and anyrelated amendments orrevisions. This Agreement shall be executed by the Executive Director and the Regional Administrator and shallbecome effectiveupon the date ofthe latterofthe two signatures. 

### II. POLICY STATEMENT Each ofthe parties to this Agreementis responsible for ensuringthatits obligations underRCRA are met. Upon granting offinal authorizationby EPA, the DEQ assumes primaryresponsibility for implementing the authorizedprovisions ofthe RCRA hazardous wasteprogram within the geographicboundaries ofOklahoma, exceptwithin Indian countrylocated in Oklahoma. EPA retains its responsibility to ensure full and faithful execution of the requirements ofRCRA, including direct implementation ofHSWA in the event the DEQ is not authorized to act. The DEQretains its responsibilityto ensure full andfaithful execution ofthe requirements ofthe Oklahoma Hazardous Waste Management Act ("OHWMA"), 27A O.S. §§ 2-7-101 

### et seq., as amended. The Executive Director and the Regional Administrator agree to maintain a high level ofcooperation and coordination between their respective staffs in a partnership to assure successful and effective administration ofthe joint StatelFederal program. Section 3006(g) of RCRA provides that hazardous waste requirements and prohibitions promulgatedpursuant to HSWA are applicable in authorized States atthe same time that they are applicable inunauthorized States. For those HSWA provisions for which the state is not authorized at any given time, EPA will retain responsibility for the direct implementation of those HSWA provisions in the State until the DEQ receives final authorization from EPA to administer those provisions. It is the intention ofEPA and the DEQ to coordinatethe implementation ofsuchprovisions to the greatestdegree possible. EPA will oversee implementation ofthe authorized State program in order to ensure full execution of the requirements of RCRA, to promote national consistency in implementation ofthe hazardous waste program, to allow EPA to report to the President and Congress on the achievements ofthe hazardous waste program, andto encourage States and EPA to agree on desirable technical support and targets forjoint efforts to prevent and mitigate environmental problems associated with the improper management ofhazardous wastes. Oversight will be accomplished in accordance with the annual State grant work plan.

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### III. STATE PROGRAM REVIEW A. General The Regional Administratorwill assess the DEQ's administration and enforcement of the State hazardous waste program on a continuing basis for equivalence and consistency with RCRA, this Agreement, and all applicable Federal requirements and policies, and for adequacy of enforcement. This assessment will be accomplished by EPA review of information submitted by the DEQ in accordance with this Agreement and the annual State grant workplan. Program review meetings between the DEQ and EPA personnel will be scheduled at reasonable intervals to review specific operating procedures and schedules, to resolve problems, and to discuss mutual program concerns. These meetings will be scheduled at least fifteen (15) days in advance unless otherwise agreed. A tentative agenda for the meeting will be prepared by EPA and transmitted to the DEQ a minimum offive (5) days beforethe meeting. In FY07, the EPA Region 6 Multimedia Planning and Permitting Division began implementation ofthe RCRA Hazardous Waste State Program Oversight process, which encompasses an annual review of the Cooperative Agreement process, the state authorization process, the permitting process, and data management process. This review provides periodic opportunities for EPA to encourage enhancements to the overall RCRA program. Once every three years, or at another mutually agreed-to frequency, the Regional Administrator will also conduct an Enforcement Framework Review of the DEQ's enforcementprograms. These Framework Reviews will be integrated into and informedby the ongoing program assessment activities described above. EPA will providetheresults of the FrameworkReviews to the DEQ. The Regional Administrator may also consider, as part ofthese regular assessments, written comments about the DEQ's program administration and enforcement that are received from regulated persons, the public, and Federal, State, and local agencies. Copies ofany such comments received by the Regional Administratorwill beprovided to the DEQ in accordance with 40 CFR part 2 (Public Information) and 40 CFR 271.17 (Sharing of information). To ensure effectiveprogram review, the DEQ agrees to allow EPA access to all files and other information requested by the Regional Administrator or his or her designee and deemed necessary by EPA for reviewing State program administration and enforcement. Review ofDEQ files maybe scheduled at quarterlyintervals. 

### B. Identification ofPriorityActivities As a part ofthe annual State grant work plan, the DEQ and EPA agree to develop Page 3 of14criteria for priority activities, including activities regarding handlers ofhazardous waste. These criteria will be based on guidance issued by EPA in the annual Agency Operating Year Guidance/RCRA hnplementation Plan, the Environmental Performance Partnership Agreement ("PPA"), and otherguidance documents as maybe appropriate, and will serve to identify those activities which shouldreceive the highestpriorityduring the grantperiod. Examples ofactivities which will be considered high priority will include, but not be limited to, facilities to be inspected, facilities to be permitted, and enforcement against facilities with known or suspected ground-watercontamination.



### IV. INFORMATION SHARING A. General This section covers information sharing for various elements ofthe RCRA program. Specific information sharing requirements for othermajorprogram elements are covered in their respective sections ofthis Agreement, and as agreed to in the annual State grant work plan and in the ODEQ-EPA Joint Permitting Agreement ("JPN'). All sharing of informationrelated to the Stateprogram betweenDEQ and EPA shallbe in accordancewith the requirements of40 CFR part 2 (Public Information) and 40 CFR 271.17 (Sharing of information). Information in this Agreement related to Permitting (Sections V. and VI.) shall be sent by the State to the Section Chief ofthe EPA Region 6 RCRA Facility Assessment Section. EPA shall sendpermitrelated information to the Engineering Manager ofthe DEQ Land Protection Division. Information related to Enforcement (Section VII.) shall be sent by the DEQ to the Associate Director ofthe EPA Region 6 Hazardous Waste Enforcement Branch. EPA shall send enforcement related information to the Engineering Managerofthe DEQ Land Protection Division. As the national hazardous waste program matures, the respective roles and responsibilities in this State/Federal partnership will become clearer. As the respective information needs ofthe DEQ and EPA evolve, changes to this section ofthe Agreement may be appropriate. During the annual review ofthis Agreement, the DEQ and EPA will carefully examine the following information sharing provisions and revise the provisions as necessary. B. EPA 1. EPA will keep the DEQ informed ofthe content and meaning ofFederal statutes, regulations, guidelines, standards, policy decisions, directives, and any other factors that affect the Stateprogram. EPA will also provide general technical guidance to the DEQ. EPA will share with the DEQ anynational reports developedbyEPA from the data submittedthrough Statereporting requirements. 2. EPA agrees to make available to the DEQ copies ofany reports and data resulting Page 4 of14from RCRA-related compliance inspections conducted by EPA within a reasonable time, subject to tbe terms of40 CFR part 2 (Public Information) and 271.17 (Sharing of information). 3. EPA will provide access by the DEQ to EPA's files and will make available to the DEQ other relevant information as requested or appropriate that the DEQ needs to implementits approved program. Informationprovided to the DEQ will be subjectto the terms of40 CFRpart2 (Public Information) and 271.17 (Sharing ofinformation). C. State 1. The DEQ agrees to inform EPA in advance ofany proposed program changes that would affect the DEQ's ability to implement the authorized program. Program changes ofconcern include modification ofthe DEQ's legal authorities (i.e., statutes, regulations, and judicial or legislative actions affecting those authorities), modifications ofMemoranda ofAgreement or Understanding with other agencies, and modifications ofresource levels (i.e., available orbudgetedpersonnel and funds). Program changes also include legal changes that would affect compliance monitoring and enforcement, such as privileges and immunities laws. The DEQ recognizes thatprogram revisions must be made in accordance with the provisions of 40 CFR 271.21 (Procedures for revision ofState programs) andthat revisions are not authorized as RCRA Subtitle C requirements until approvedbyEPA. 2. DEQ agrees to provide anypertinentinformationrequestedbyEPA within amutually agreed upon time frame, as necessary for EPA to carry out its oversight responsibilities. 3. Through development ofthe annual State grant work plan, EPA and the DEQ will agree on the type and frequency ofreports the DEQ will make in order for EPA to maintain oversight ofthe implementation ofthe DEQ's authorized program. Such reporting shall include, butnotbe limitedto, the following:

a. Compliancemonitoring and enforcementinformation; b. Information indicating the status of the DEQ's permitting, closure, postclosure, and ground-watermonitoring and corrective action activities;

c. DEQ decisions to grant variance or waiver requests made by hazardous waste handlers; d. Various reports designed to accurately describe the status of the DEQ's authorized program, including biennial reports summarizing the quantities and types ofhazardous waste generated, transported, treated, stored, and disposed in the State.

Page 5 of144. The DEQ agrees to provide EPA with a copy of each DEQ decision regarding variances and waivers atthe time such requests are granted. 5. The DEQ agrees to provide EPA with a copy ofany decisions regarding requests made byhazardous waste handlers to change their classifications (e.g., requests to be deleted as generators but to retain facility status) and facilityrequests to make on-site changes prior to permit issuance (e.g., requests to handle additional wastes not identified onthe facility's originalnotification andRCRA Part AApplication). 6. The DEQ agrees to provide EPA with copies ofreports on data resulting from any compliance inspection and subsequent enforcement actions when EPA requests such copIes. 7. As agreed, the DEQ will continue to assign EPA identification numbers to generators and transporters and to owners and operators ofhazardous waste treatment, storage, and disposal facilities submitting notifications. Pursuant to RCRA Section 3010 and agreement between EPA and the DEQ, the DEQ is responsible for receiving, reviewing, andprocessing notification forms (Form 8700-12). 8. The DEQ has received authorization to issue State-only delisting decisions. See 68

. FR 17308 (April 9, 2003). The DEQ and EPA have agreed that EPA will act as consultant in Oklahoma's delisting program and that the DEQ will request assistance from EPA when needed. The DEQ has also agreedto send EPA an annual sunnnary report of Oklahoma's delisting program, which shall include both a list of the facilities thathave submitted a delisting petition and alist offacilities thathavebeen issued a delisting (or delistings) from the DEQ. For each facility, the DEQ's report shall include:

a. Facilityname and EPA ill number; b. Facilitylocation (city);

c. Waste description; d. Waste codes beingpetitioned for delisting, orbeing delisted;

e. Amountofwastebeingpetitioned for delisting, orbeing delisted; and f. The StateRegistercitationthat includes the final rule for each delistingproject. 

### D. Site Visits EPA is responsible for maintammg reliable national data on hazardous waste management. This data is usedto reportto the President and Congress onthe achievements of the hazardous waste program and to support EPA's regulatory development efforts. Whenever EPA determines thatit needs to obtain certain informationbeyondthat submitted Page 6 of14by the DEQ in accordance with the reporting requirements established in this Agreement and the annual State grant work plan, EPA will first seekto gain this information from the DEQ. The DEQ agrees to supply the Regional Administrator with this information if readily available and as resources allow. Ifthe DEQ is unable to provide the information orifit is necessary to supplementthe DEQ information, EPA may conduct a special surveyorperform information collection site visits after notifYing the DEQ. EPA will share with the DEQ reports developed by EPA as a result of such information collection, subject to the terms of 40 CFR part 2 (Public Information) and 40 CFR 271.17 (Sharing ofinformation). 

### E. Emergency Situations Upon receipt by EPA or the DEQ of any information that the handling, storage, treatment, transportation, or disposal of hazardous waste presents an imminent and substantial endangerment to human health or the environment, the party in receipt ofsuch information shall immediately notifYby telephone the otherparty to this Agreement ofthe existence of such situation. The DEQ may be notified through its twenty-four hour emergency telephone number, (800) 522-0206. This line is answered twenty-four hours a day by various operators in the Environmental Complaints and Local Services division. These calls are then referred, as necessary, to appropriate personnel in the State program. Due to the fact that several persons are responsible for answering this twenty-four hour number, it is not possible to list each by name and title. EPA, Region 6, may be notified through its emergencytelephone number at (866) 372-7745. 

### F. Confidentiality 1. Any information obtained or used in the administration of the authorized State program shall be available to EPA upon request without restriction. If the informationhas been submitted to the DEQunderaclaim ofconfidentiality, the DEQ will 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 (public Information) and 40 CFR 271.17 (Sharing ofinformation). 2. EPA agrees to furnish to the DEQ information in its files that is not submittedundera claim ofconfidentiality and thatthe DEQ needs to implementits program. Subjectto the conditions in 40 CFR part 2 (including authorization to receive confidential information pursuant to 40 CFR 2.305(h)), EPA will fumish the DEQ with information submitted to EPA under a claim ofconfidentialitythat the DEQ needs to implementits program. All such information that EPA agrees to transferto the DEQ will be transferred in accordance with the requirements of40 CFR part 2. EPA will notifY affected facilities when such information is sent to the DEQ and the DEQ will handle such information consistentwithits authorizedprogram.

Page 7 of14V. PERMIT ISSUANCE A. EPA Permitting Upon authorization of the State program, EPA will suspend issuance of Federal pennits, or portions of pennits, for hazardous waste treatment, storage, and disposal facilities in Oklahoma for those components of the State program for which the DEQ receives authorization. Whenever EPA adds new pennitting standards forprocesses not currentlycoveredby Federal regulations, EPA will process and enforce new RCRA pennits, or portions of RCRA permits, imposing the new requirements in the State until the DEQ receives final authorization for equivalent and consistent State standards. Upon authorization ofthe State standards, EPA will suspend issuance of such Federal pennits for those authorized State standards in the State and will transfer any pendingpennit applications, completed pennits, orpertinent file infonnation to the DEQ within thirty (30) days ofthe approval ofthe State program in confonnance with the conditions ofthis Agreement. When EPA adds new RCRA pennitting standards, the parties willjointlyreview and revise this MOA and the JPA as appropriate to reflect the DEQ's and EPA's cnrrent respective andjointpermittingresponsibilities. B. EPA Review ofState Permits While EPA may comment on any permit application or draft permit, EPA's review function will focus primarily on those priority facilities identified by the DEQ and EPA in the annual State grant workplan, as well as on facilities for which the DEQ requests EPA's assistance. Whether or not EPA commented on the pennit application, EPA may comment in writing on any draft pennit or proposed pennit modification within forty-five (45) days of its receipt. Where EPA indicates in a comment that issuance, modification, re-issuance, termination, or denial ofthe pennit wouldbe inconsistent with the approved Stateprogram, EPA shall includeinthe comment:

a. a statement ofthe reasons for the comment (including the section ofthe State law orregulations that supports the comment); and b. the actions that should be taken by the DEQ in order to address the comment (including the conditions that the permit would include ifit were issued by EPA). EPA shall send a copy ofits written comments to thepennit applicant. EPA shall withdraw such comments when satisfied that the DEQ has met orrefuted EPA's concerns and shall also providethepermit applicantwith acopy ofsuch withdrawal. Page 8 of14C. StatePermitting The DEQ is responsible for expeditiously drafting, circulating for public review and comment, issuing, modifYing, reissuing, andterminating RCRA permits forthosehazardous waste treatment, storage, and disposal facilities subject to the authorized provisions ofthe State's program, and shall do so in amannerconsistentwith RCRA as amendedby HSWA, this Agreement, the JPA, all applicable Federal requirements, the State's Program Description, the OHWMA, as amended, including rules promulgated there under, the Oklahoma Environmental Quality Act ("OEQA"), 27A O.S. §§ 1-1-101 

### et seq., and the OklahomaAdministrative Procedures Act ("OAPA"). The DEQ agrees to include as permit conditions all applicable provisions ofthe OHWMA, the OEQA, and the implementing regulations there under. This agreement also applies to permits issued after final authorizationbut for which theprocessingmayhave begunbefore final authorization. The DEQ will issue all RCRA permits in the State, except for the portions ofpermits dealing with provisions under HSWA for which the state has not yet been authorized; however, EPA agrees to provide technical and administrative assistance as necessary. 

### In regard to EPA permit issuance proceedings pending at the time of the State's final authorization to administer the HSWA provisions, EPA will transfer and provide infonnation, applications, and assistance to the DEQ in accordance with requests by the DEQ. The DEQ agrees that any compliance schedules contained in permits it issues will require compliance with applicable standards. The DEQ agrees to consider all comments EPA makes on permit applications and draft permits. The DEQ will satisfy or refute EPA's concerns on a particular permit application, proposed permit modification, or draft permit in writing before issuing the permit ormaking themodification. D. JointPermitting Process Pursuant to RCRA section 3006(g)(l), and in accordance with RCRA as amended, EPA has the authority to issue or deny permits, or those portions ofpermits, to facilities in Oklahoma for the requirements and prohibitions in or stemming from those provisions in HSWA for which the State has not been authorized, until the State amends its program to reflect those requirements and prohibitions and receives authorization for those amendments. In the JPA, EPA and the DEQ have agreed to a joint permitting process that establishes policies and procedures by which each will fulfill their respective and joint permitting responsibilities under RCRA, including thejoint processing and enforcement of permits forprovisions ofHSWA. Thisjointpermitting process is establishedin accordance with section 3006(c)(4) ofRCRA. Both the administrative details ofthejoint permitting process and the duties and responsibilities ofEPA and the DEQ forjoint pennitting also shallbeincorporatedinto the annual State grant workplan. Page 9 of14The details ofthejoint pennitting process, as contained in the JPA and the annual State grant work plan, shall bereviewed and revised as often as necessary, butno less often than annually, to assure their continued appropriateness. Upon authorization ofthe DEQ for any ofthe provisions ofHSWA, the specifics of the Joint Pennitting Agreement as set out in the JPA and the annual State grant work plan shall be amended, as needed, to reflectthe authorization. Amendment ofthis Memorandum ofAgreement or the execution ofa separateMemorandum ofAgreement may be required for authorization ofany oftheprovisions ofHSWA.

VI. PERMIT ADMINISTRATION Upon receiving final authorization to administerprovisions ofHSWA, the DEQ will administer the RCRA pennits or portions ofpennits EPA has issued to facilities in the State. Subject to the tenns of this Memorandum of Agreement, the DEQ will be responsible for enforcing the tenns and conditions ofthe Federal pennits while theyremain in force. Upon request by the DEQ, EPA will coordinate with and assist the DEQ in issuing, administering, and enforcing RCRA pennits issuedbyEPA andpennit applications being processed by EPA prior to the date the State receives final authorization for the HSWAprovisions.

VII. COMPLIANCE MONITORINGAND ENFORCEMENT A. EPA Generally, EPA may conductinspections ortake enforcement actionuponrequestby the State, upon issues raisedby Regional orNational priorities, orupon detennining thatthe State has not taken timely and appropriate enforcement action; however, nothing in this Agreement shall restrict EPA's right to inspect any hazardous waste generator, transporter, or facility, or bring enforcement action pursuant to section 3008 of RCRA against any person believed to be in violation of the State or Federal hazardous waste program or believed to have a release of hazardous waste or constituents. Before conducting an inspection ofa generator, transporter, or facility, EPA will nonnally give the DEQ at least seven (7) days notice ofthe intent to inspect in accordance with 40 CFR 271.8(b)(3)(i) and allow the DEQ the opportunity to accompany EPA during the inspection. Additionally, EPA will nonnally give the DEQ a reasonable opportunity to conduct a compliance evaluation inspection in accordance with 40 CFR 271.8(b)(5). If the DEQ perfonns a compliance inspection and submits areport and relevant data to EPA priorto an inspection by EPA, then EPA, at its discretion, will detennine whether to conduct its own inspection. 

### In case ofan imminent and substantial risk to human health and the enviromnent, the EPA may shorten or waivethe noticeperiod, but every effort shall bemade to notifYthe DEQ as soon as possible ofany EPA action inthe State.

Page 10 of 14EPA agrees to make available to the DEQ copies ofany reports and data resulting from compliance inspections conducted by EPA within a reasonable time after completion ofthe inspections. In the event that EPA performs an inspection and refers enforcement to the DEQ, EPA agrees, subject to the availability ofappropriated funds and EPA's budget priorities, to assistthe DEQbyprovidingrelevantwitnesses and/ortechnical assistance. The frequency of EPA oversight and training inspections will be specified in the annual State grant work plan. EPA will negotiate with the DEQ the number orpercentage ofthe DEQ's complianceinspections on which EPA will accompanythe DEQ. EPA may take enforcement action against any person determined to be in violation ofRCRA in accordance with section 3008. In the case ofa violation ofany requirement ofSubtitle C ofRCRA where such violation occurs in the State ofOklahoma which is authorized to carry out ahazardous wasteprogram under section 3006 ofRCRA, the EPA shall give notice to the DEQ priorto issuing an order or commencing a civil action under section 3008. EPA also maintains authority to issue orders and bring actions under sections 3008, 3013 and 7003 ofRCRA and any other applicable federal statute. B. State The DEQ agrees to carry out a timely and effective program for monitoring compliance by generators, transporters, and facilities with applicable program requirements (see 40 CFR 271.15). As part of this program, the DEQ will conduct compliance inspections to assess compliance with generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all other program requirements. Compliance monitoring activities and priorities will be specified in the State/EPA Enforcement MOD and the annual State grant work plan and shall be consistent with all applicable Federal requirements and with the State's Program Description. Inspections ofFederal facilities shall be conducted in accordance with the State/EPA RCRA EnforcementMOD. The DEQ agrees to take timely and appropriate enforcement action as defined in the State/EPA RCRA Enforcement MOD against all persons in violation of generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all other program requirements, including violations detected by DEQ or Federal compliance inspections. The DEQ will maintain procedures for receiving and ensuring proper consideration ofinformation aboutviolations submitted by the public. The DEQ agrees to provide EPA with copies ofreports on data resulting from any compliance inspection and subsequent enforcement actions when EPA requests such copies. The DEQ agrees to retain all records for atleastthree (3) years unless there is an enforcement actionpending, in which casethe DEQ willretain all records related to the pending enforcement actionuntil such actionis resolved.

Page II of14VIII. AVAILABILITY OF INFORMAnON (section 3006(f)) A. General Section 3006(f) of RCRA requires an authorized State to provide for the public availability ofinformation obtained by the State regarding facilities and sites for treatment, storage, and disposal ofhazardous waste. Such information must be available to the public in substantially the same manner, and to the same degree, as would be the case ifthe Administratorwere carrying outthese RCRA provisions inthe State. B. Requests for Information 1. Pursuant to the Federal Freedom ofInformation Act ("FOIA"), 5 U.S.c. 552(a)(2), the DEQ and EPA agree to make certain materials routinely available to the public without a formal FOIA request. Examples ofthese materials are final opinions or orders in case adjudications, regulations, statements of Agency policy, and administrative staffmanuals affecting the public. In addition, records prepared for routine public distribution will also be made available. Examples ofsuchrecords are press releases, copies ofspeeches, pamphlets, and educational materials. 2. The DEQ and EPA agree to make reasonable efforts to assist a requestor in identifYing records (including electronic records) being sought, and to help the requestorformulate his orherrequest. 3. 

### If a request for information is denied, the DEQ and EPA agree to provide the requestor the basis for the denial and notification ofjudicial and administrative procedures, including statutes oflimitation. 4. A reduction or waiver of fees will be considered in connection with each request from arepresentative ofthe press or other communication medium, or from a public interest group. The DEQ and EPA agree to reduce or waive the fee as authorized by applicable law ifthey determine that a reduction or waiver ofthe fee is in the public interest because furnishing the information can be considered as primarilybenefiting the general public. 5. The DEQ and EPA agree to make the fullestpossible disclosure ofrecords to the public, in accordance with 40 CFR271.17 and subjectto anyofthe exemptions under 40 CFRpart 2, whichhavebeen incorporatedbyreferencebythe DEQ. C. Confidentiality ofBusiness Information 

### If a claim ofconfidentiality is asserted and cannot be resolved in the time period provided for an agency response to a request, the DEQ and EPA agree to notifY the requestor ofthe confidentiality claim within the maximum 20-day time limit provided for an agency response. In addition, the requestor will be told that the request was denied in orderto resolvethebusiness confidentiality claim. Page 12 of14

### D. Oversight I. The DEQ and EPA agree to keep alog ofdenials ofrequests for infonnation (or afile containing copies ofdenial letters sent to requestors), which will bemade availableto the otherupon request. 2. The DEQ and EPA agree to keep each other fully infonned of any proposed modifications to their basic statutory or regulatory authority, their fonns, procedures, or priorities, as applied to section 3006(f) (relating to Availability ofinfonnation in authorized Statehazardous waste programs).


### IX. CORRECTIVE ACTION A. DEQRole The DEQ will conduct the RCRA Corrective Action Program in a manner that promotes rapid achievement of cleanups while protecting human health and the environment. Specifically, the DEQ will, to the extentpracticable: I. Embrace flexible, practical, results-based approaches that focus on control ofhuman exposure and contaminated groundwater migration in the short tenn, with final cleanup beingthe long tenn goal; 2. Provide ready public access to iufonnation and meaningful opportunities for public involvementiu the cleanup process; 3. Foster a culture of innovation, creativity, communication, and technical expertise, focused on accelerating cleanups and meeting program goals; and 4. Carefully consider keyprogram guidance (and any updates) in conducting the RCRA Corrective Action Program. B. EPA Role EPA will assist the State with all aspects ofthe cleanup program and support its efforts to conduct faster, focused, and more flexible RCRA cleanups.



### X. REGULATION OF RADIOACTIVE MIXED WASTES The DEQ will regulate the hazardous waste component of mixed waste as a hazardous waste pursuantto the OHWMA and the Federal RCRA.

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### Xl. APPROVAL

Date: 

## /-5/-//

Date:

## ~-ll-20\L OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

# ~~~~ Steven 

### A. Thomp on Executive Director

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION 6

1 en Regional Administrator

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