MEMORANDUM OF AGREEMENT BETWEEN

THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF

THE STATE OF OKLAHOMA

AND

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

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 of the 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 of Environmental 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 of the Hazardous and Solid Waste Amendments of 1984

("HSWA") for which the DEQ has not received final authorization. For purposes ofthis

Agreement, references to "RCRA" include HSWA.

This Agreement is entered into by the Executive Director of the 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 agency in the State authorized to implement the State Program.

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 construed to contravene any provision of40 CFR part 271.

During preparation ofthe annual State grant work planI in connection with grant

funding under section 3011 ofRCRA, the parties will jointly review, and update if

necessary, this Agreement to ensure consistency with the annual State grant work plan.

This Agreement also may be modified upon the initiative of either party in order to

ensure consistency with State program modifications made or for any other purpose

mutually agreed upon. Any revisions or modifications to this Agreement must be 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 grant work plan" shall refer to that document.
Agreement will remain in effect until such time as State program authorization is withdrawn

by or is voluntarily transferred to EPA according to the criteria and procedures established

in 40 CFR 271.22 and 40 CFR 271.23.

This Agreement supersedes all previous Memoranda of Agreement, which were

executed before the date ofthis document, and any related amendments or revisions.

This Agreement shall be executed by the Executive Director and the Regional

Administrator and shall become effective upon the date ofthe latter ofthe two signatures.

II. POLICY STATEMENT

Each ofthe parties to this Agreement is responsible for ensuring that its obligations

under RCRA are met. Upon granting offinal authorization by EPA, the DEQ assumes

primary responsibility for implementing the authorized provisions ofthe RCRA hazardous

waste program within the geographic boundaries ofOklahoma, except within Indian

country located 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 DEQ retains its responsibility to ensure full and faithful execution

of the requirements of the 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 of cooperation and coordination between their

respective staffs in a partnership to assure successful and effective administration of the

joint StatelFederal program.

Section 3006(g) of RCRA provides that hazardous waste requirements and

prohibitions promulgated pursuant to HSWA are applicable in authorized States at the same

time that they are applicable in unauthorized 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 of EPA and the

DEQ to coordinate the implementation ofsuch provisions to the greatest degree 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 of the hazardous waste program, to allow EPA to report to the President

and Congress on the achievements ofthe hazardous waste program, and to encourage States

and EPA to agree on desirable technical support and targets for joint efforts to prevent and

mitigate environmental problems associated with the improper management of hazardous

wastes. Oversight will be accomplished in accordance with the annual State grant work

plan.

Page 2 of 14
III. STATE PROGRAM REVIEW

A. General

The Regional Administrator will 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 work plan.

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 of five (5) days

before the meeting.

In FY07, the EPA Region 6 Multimedia Planning and Permitting Division began

implementation of the 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

enforcement programs. These Framework Reviews will be integrated into and informed by

the ongoing program assessment activities described above. EPA will provide the results of

the Framework Reviews 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

of any such comments received by the Regional Administrator will be provided to the DEQ

in accordance with 40 CFR part 2 (Public Information) and 40 CFR 271.17 (Sharing of

information).

To ensure effective program 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 may be scheduled at quarterly intervals.

B. Identification of Priority Activities

As a part of the annual State grant work plan, the DEQ and EPA agree to develop

Page 3 of 14
criteria for priority activities, including activities regarding handlers of hazardous 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 other guidance documents as may be appropriate, and will serve to

identify those activities which should receive the highest priority during the grant period.

Examples of activities 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-water contamination.

IV. INFORMATION SHARING

A. General

This section covers information sharing for various elements ofthe RCRA program.

Specific information sharing requirements for other major program 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

information related to the State program between DEQ and EPA shall be in accordance with

the requirements of 40 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 of the EPA Region 6 RCRA Facility Assessment

Section. EPA shall send permit related 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 Manager ofthe

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 of the DEQ and EPA evolve, changes to this section of the Agreement

may be appropriate. During the annual review of this 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 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

DEQ. EPA will share with the DEQ any national reports developed by EPA from the

data submitted through State reporting requirements.

2. EPA agrees to make available to the DEQ copies of any reports and data resulting

Page 4 of 14
from RCRA-related compliance inspections conducted by EPA within a reasonable

time, subject to tbe terms of 40 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

implement its approved program. Information provided to the DEQ will be subject to

the terms of 40 CFR part 2 (Public Information) and 271.17 (Sharing ofinformation).

C. State

1. The DEQ agrees to inform EPA in advance of any proposed program changes that

would affect the DEQ's ability to implement the authorized program. Program

changes of concern include modification ofthe DEQ's legal authorities (i.e., statutes,

regulations, and judicial or legislative actions affecting those authorities),

modifications of Memoranda of Agreement or Understanding with other agencies,

and modifications ofresource levels (i.e., available or budgeted personnel and funds).

Program changes also include legal changes that would affect compliance

monitoring and enforcement, such as privileges and immunities laws. The DEQ

recognizes that program revisions must be made in accordance with the provisions of

40 CFR 271.21 (Procedures for revision of State programs) and that revisions are not

authorized as RCRA Subtitle C requirements until approved by EPA.

2. DEQ agrees to provide any pertinent information requested by EPA within a mutually

agreed upon time frame, as necessary for EPA to carry out its oversight

responsibilities.

3. Through development of the annual State grant work plan, EPA and the DEQ will

agree on the type and frequency of reports the DEQ will make in order for EPA to

maintain oversight of the implementation of the DEQ's authorized program. Such

reporting shall include, but not be limited to, the following:

a. Compliance monitoring and enforcement information;

b. Information indicating the status of the DEQ's permitting, closure, postclosure, and ground-water monitoring 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 of hazardous waste generated, transported, treated, stored, and disposed

in the State.

Page 5 of 14
4. The DEQ agrees to provide EPA with a copy of each DEQ decision regarding

variances and waivers at the time such requests are granted.

5. The DEQ agrees to provide EPA with a copy of any decisions regarding requests

made by hazardous waste handlers to change their classifications (e.g., requests to be

deleted as generators but to retain facility status) and facility requests to make on-site

changes prior to permit issuance (e.g., requests to handle additional wastes not

identified on the facility's original notification and RCRA Part A Application).

6. The DEQ agrees to provide EPA with copies of reports 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 of hazardous 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, and processing 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 agreed to send EPA an annual sunnnary

report of Oklahoma's delisting program, which shall include both a list of the

facilities that have submitted a delisting petition and a list offacilities that have been

issued a delisting (or delistings) from the DEQ. For each facility, the DEQ's report

shall include:

a. Facility name and EPA ill number;

b. Facility location (city);

c. Waste description;

d. Waste codes being petitioned for delisting, or being delisted;

e. Amount ofwaste being petitioned for delisting, or being delisted; and

f. The State Register citation that includes the final rule for each delisting project.

D. Site Visits

EPA is responsible for maintammg reliable national data on hazardous waste

management. This data is 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 beyond that submitted

Page 6 of 14
by the DEQ in accordance with the reporting requirements established in this Agreement

and the annual State grant work plan, EPA will first seek to 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 or ifit is necessary to supplement the

DEQ information, EPA may conduct a special surveyor perform 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 of such

information shall immediately notifY by telephone the other party 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 emergency telephone 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

information has been submitted to the DEQ under a claim of confidentiality, 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 submitted under a

claim of confidentiality and that the DEQ needs to implement its program. Subject to

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 of confidentiality that the DEQ needs to

implement its program. All such information that EPA agrees to transfer to the DEQ

will be transferred in accordance with the requirements of 40 CFR part 2. EPA will

notifY affected facilities when such information is sent to the DEQ and the DEQ will

handle such information consistent with its authorized program.

Page 7 of 14
V. 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 for processes not currently covered by

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 pending pennit applications, completed pennits,

or pertinent 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 will jointly review and

revise this MOA and the JPA as appropriate to reflect the DEQ's and EPA's cnrrent

respective and joint permitting responsibilities.

B. EPA Review of State 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 work plan, 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 would be inconsistent with the approved State program,

EPA shall include in the comment:

a. a statement of the reasons for the comment (including the section ofthe State

law or regulations 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 if it were issued by

EPA).

EPA shall send a copy ofits written comments to the pennit applicant.

EPA shall withdraw such comments when satisfied that the DEQ has met or refuted

EPA's concerns and shall also provide the permit applicant with a copy ofsuch withdrawal.

Page 8 of 14
C. State Permitting

The DEQ is responsible for expeditiously drafting, circulating for public review and

comment, issuing, modifYing, reissuing, and terminating RCRA permits for those hazardous

waste treatment, storage, and disposal facilities subject to the authorized provisions of the

State's program, and shall do so in a manner consistent with RCRA as amended by 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

Oklahoma Administrative Procedures Act ("OAPA"). The DEQ agrees to include as permit

conditions all applicable provisions of the OHWMA, the OEQA, and the implementing

regulations there under. This agreement also applies to permits issued after final

authorization but for which the processing may have begun before 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 or making the modification.

D. Joint Permitting 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 of permits, 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 the joint processing and enforcement of

permits for provisions ofHSWA. This joint permitting process is established in accordance

with section 3006(c)(4) of RCRA. Both the administrative details of the joint permitting

process and the duties and responsibilities of EPA and the DEQ for joint pennitting also

shall be incorporated into the annual State grant work plan.

Page 9 of 14
The details of the joint pennitting process, as contained in the JPA and the annual

State grant work plan, shall be reviewed and revised as often as necessary, but no less often

than annually, to assure their continued appropriateness.

Upon authorization of the DEQ for any ofthe provisions of HSWA, 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 reflect the authorization. Amendment ofthis Memorandum

of Agreement or the execution of a separate Memorandum of Agreement may be required

for authorization of any ofthe provisions ofHSWA.

VI. PERMIT ADMINISTRATION

Upon receiving final authorization to administer provisions ofHSWA, the DEQ will

administer the RCRA pennits or portions of pennits 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 they remain

in force. Upon request by the DEQ, EPA will coordinate with and assist the DEQ in

issuing, administering, and enforcing RCRA pennits issued by EPA and pennit applications

being processed by EPA prior to the date the State receives final authorization for the

HSWA provisions.

VII. COMPLIANCE MONITORING AND ENFORCEMENT

A. EPA

Generally, EPA may conduct inspections or take enforcement action upon request by

the State, upon issues raised by Regional or National priorities, or upon detennining that the

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 of a 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 a report and relevant data to EPA prior to an inspection

by EPA, then EPA, at its discretion, will detennine whether to conduct its own inspection.

In case of an imminent and substantial risk to human health and the enviromnent, the EPA

may shorten or waive the notice period, but every effort shall be made to notifY the DEQ as

soon as possible of any EPA action in the State.

Page 10 of 14
EPA agrees to make available to the DEQ copies of any 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 of appropriated funds and EPA's budget

priorities, to assist the DEQ by providing relevant witnesses and/or technical 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 or percentage

ofthe DEQ's compliance inspections on which EPA will accompany the DEQ.

EPA may take enforcement action against any person determined to be in violation

of RCRA in accordance with section 3008. In the case of a violation of any requirement

of Subtitle C of RCRA where such violation occurs in the State of Oklahoma which is

authorized to carry out a hazardous waste program under section 3006 ofRCRA, the EPA

shall give notice to the DEQ prior to 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 of Federal facilities shall be conducted in accordance with the State/EPA

RCRA Enforcement MOD.

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 of information about violations

submitted by the public. The DEQ agrees to provide EPA with copies of reports on data

resulting from any compliance inspection and subsequent enforcement actions when EPA

requests such copies. The DEQ agrees to retain all records for at least three (3) years unless

there is an enforcement action pending, in which case the DEQ will retain all records related

to the pending enforcement action until such action is resolved.

Page II of 14
VIII. AVAILABILITY OF INFORMAnON (section 3006(f))

A. General

Section 3006(f) of RCRA requires an authorized State to provide for the public

availability of information obtained by the State regarding facilities and sites for treatment,

storage, and disposal of hazardous waste. Such information must be available to the public

in substantially the same manner, and to the same degree, as would be the case if the

Administrator were carrying out these RCRA provisions in the State.

B. Requests for Information

1. Pursuant to the Federal Freedom of Information 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 of these materials are final opinions or

orders in case adjudications, regulations, statements of Agency policy, and

administrative staff manuals affecting the public. In addition, records prepared for

routine public distribution will also be made available. Examples ofsuch records 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

requestor formulate his or her request.

3. If a request for information is denied, the DEQ and EPA agree to provide the

requestor the basis for the denial and notification of judicial and administrative

procedures, including statutes oflimitation.

4. A reduction or waiver of fees will be considered in connection with each request

from a representative 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 primarily benefiting

the general public.

5. The DEQ and EPA agree to make the fullest possible disclosure ofrecords to the

public, in accordance with 40 CFR 271.17 and subject to any ofthe exemptions under

40 CFR part 2, which have been incorporated by reference by the DEQ.

C. Confidentiality of Business Information

If a claim of confidentiality 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 of the 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

order to resolve the business confidentiality claim.

Page 12 of14
D. Oversight

I. The DEQ and EPA agree to keep a log ofdenials ofrequests for infonnation (or a file

containing copies of denial letters sent to requestors), which will be made available to

the other upon 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 of infonnation in

authorized State hazardous 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 extent practicable:

I. Embrace flexible, practical, results-based approaches that focus on control of human

exposure and contaminated groundwater migration in the short tenn, with final

cleanup being the long tenn goal;

2. Provide ready public access to iufonnation and meaningful opportunities for public

involvement iu 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 key program guidance (and any updates) in conducting the RCRA

Corrective Action Program.

B. EPA Role

EPA will assist the State with all aspects of the 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 pursuant to the OHWMA and the Federal RCRA.

Page 13 of 14
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

Page 14 ofI4