# APPENDIX V

### MEMORANDUM OF AG REEMENT BETWEEN THE STATE O F IDAHO AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGI ON 10 I. GENERAL This Memorandum of Agreement (Agreement) establishes policies, responsibilities , and procedures pursuant to 40 CFR 271

.8 for the State of Idaho (State) Hazardous Waste program authorized under Section 3006 of the Resource Conservation and Recovery Act (RCRA or the Act) of 1976 (42 USC 6901 et seq.), as amended (Public Laws 94-S80, 96­ 482,98-616), and the United States Environmental Protection Agency (EPA) Regional Office for Region 10. This Agreement further sets forth the manner in which the State and EPA will coordinate in the State's administration and enforcement of the State program, pending authorization, and EPA's administration of the non-authorized provisions of the Hazardous and Solid Waste Amendments of 1984 (HSWA). For purposes of this Agreement , references to "RCRA" include HSWA. This Agreement is entered into by the Director of the Idaho Dep artment of Environmental Quality (DEQ or the State), and the Regional Administrator, EPA Region 

# Ie (RA or EPA). 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 of 40 CFR Part 271

. This Agreement does not restrict EPA's oversight authority for State program activities that are part of the federal program, does not establish privity between EPA and the State, and does not restrict EPA's independent enforcement aut hority

. The parties will review the Agreement j o intly as needed or appropriate, and during preparation of the State Grant work plan or Performance Partnership Grant (Grant), in connection with grant funding under section 3011 of RCRA. This Agreement may be modified by the initiation of either party w ith changes made and mutually agreed upon through signature o f both parties

. The purposes for revision to this Agreement may include, but are not limited to, ensuring consistency with State or EPA policy or program modifications

. Any revisions or modifications to this Ag reement must be in writing and must be signed by the State and EPA

. This Agreement will remain in effect until such time as State program authorization is w ithdraw n by or is vo luntarily transferred to EPA according to the criteria and procedures established in 40 CFR 271.22 and 40 CFR 271.23. This Agreement is being revised because the State is submitt ing a revised authorization application

. This Agreement shall be signed by the State and EPA and shall become effective after being signed by both parties

. This Agreement shall replace the Agreement dated August 2, 2001. 

### II. POLICY 

### STATEMENT Each of the parti es to this Agreement is responsible for ensuring that its obligations under RCRA are met. Upon granting of final authorization by EPA, the State assumes primary responsibility for implementing th e authorized provisions of the RCRA hazardous waste program within its geographic boundaries, except in Indian country. The State will conduct its ha zardous waste program in accordance with EPA program policies and guidancelWhile EPA retains responsibility for the direct implementation of those provisions of HSWA for which the State is not authorized, it is the intention of EPA 

### 1and the State to coordinate the implementation of such provisions to the greatest degree possible. The State and the EPA 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 State program. EPA will oversee implementation of the authorized State program in order to ensure full execution of the requirements of RCRA, to promote national consistency in the hazardous waste program, to allow EPA to report to the President and Congress on the achievements of the hazardous waste program, and to encourage the State 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 by EPA through regular engagement with DEQ, written reporting requirements, permit overview, compliance and enforcement overview including the State Review Framework process (SRF), and periodic review of the State's program. Ill. STATE PROGRAM REVIEW The EPA will assess the State administration and enforcement of the hazardous waste program on an ongoing 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's routine engagement with DEQ management and staff as well as review of program information submitted by the State in accordance with this Agreement, the State Grant work plan, permit overview, program information and activities, and compliance and enforcement overview including the SRF process. The EPA may also consider, as part of this regular assessment, written comments about the State's program administration and enforcement that are received from the regulated community, the public, and Federal, State, tribal and local agencies. Copies of any such comments received by the EPA will be provided to the State. Except for those documents protected by attorney client privilege pursuant to Idaho Rule of Evidence 502, Idaho Code 

### § 9-203, or otherwise subject to protection as attorney work product pursuant to Idaho Rules of Civil Procedure 26(b)(3), the State shall allow EPA to routinely review State records, reports, and files relevant to the administration and enforcement of the authorized program. EPA agrees that all requests for information will be coordinated in advance when possible. Coordination will not subject EPA to State FOIA requirements. Quarterly meetings between the State and the EPA will be scheduled to review specific operating procedures and schedules, to resolve problems and to discuss mutual program concerns. These meetings will be scheduled at least fifteen days in advance unless mutually agreed to differently. A tentative agenda for the meeting will be prepared and distributed prior to the meeting. The State and EPA agree to develop, on an annual basis as a part of the State grant work program, criteria for priority activities, including activities regarding handlers of hazardous waste. These criteria will be based on guidance issued by EPA in the annual National Program Manager Guidance, other guidance documents as may be appropriate, and State specific concerns, and will serve to identify those activities which should receive the highest priority during the grant period.

1. These policies and guidance include, at a minimum, the OSWER Consolidated Guidance; the Office of Enforcement and Compliance Assurance's National Program Manager Guidance; RCRA Civil Penalty Policy dated June 2003; National Criteria for a Quality Hazardous Waste Program; revised Hazardous Waste Civil Enforcement Response Policy (December 2003); and the EPA Policy on Performance Based Assistance (May 31,1985); and the May 1; 1996 Advanced Notice of Proposed Rulemaking for the Corrective Action Program, Setting Customer Service Standards (E.O. 12862, September 11,1993); Improving Customer Service (Fred Hanson, April 8, 1998); Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations (E.O. 12892, February 11,1994); EPA OSWER Environmental Justice Action Agenda (EPA 540/R-95/023, 1995).IV. INFORMATION SHARING A. General This Section 

### covers information sharing on miscellaneous elements of the RCRA program, including notification , RCRAlnfo data, etc. Specific information sharing requirements for the other major program elements are covered in their respective Sections: V. Permit Issuance, VI. Permit Adm in istration, and VII. Enforcement. Detail ed tables describing the flow of documents between the State and EPA for Sections V., VI., and VII. of the MOA are included at the end of this document as Appendix A, 8, and 

### C. As the respecti ve inform atio n needs of the State and EPA evolve, these Appendices will be updated

. During the periodic review of this Agreement the S tate and the EPA will carefully examine the information sharing requirements for needed revision

. Information related to Sections V

. and VI., Permitting , and Section VII., Enforcement , shall be sent by the State to EPA

. EPA shall send permit and enforcement related information to the State as appropriate

. 

### 1. EPA will keep the State informed of the content and meaning of Federal statutes, regulatio ns, guidelines , standards, policy decisions , directives, and any other factors that affect the State program . EPA will also provide general technical guidance to the State

. As needed , EPA w ill share w ith th e State any reports deve loped by EPA from the data submitted through State reporting requ i rements 2. EPA will make available to the State other relevant info rmation as requ ested which the S tate needs to implement its approved program. Information provided to the State will be subject to the terms of 40 CFR Part 2. 3. The State agrees to inform the EPA of any proposed program changes which would affect the State's ability to implement the authorized program with as much advance notice as possible

. Program changes of concern include modification of the St ate's lega l autho ri ti es (i

.e. , sta t utes, regulatio ns and judi ci al or legis lative actio ns affecting those authorities), modifications of Memoranda of Agreement or Understanding with other agencies, and modifications of resource 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 State recognizes that program revisions must be made in accordance with the provisions of 40 CFR 271.21, and that until approved by EPA, revisions are not authorized as RCRA Subtitle C requirements. Revisions to state law will be enforced under State laws and authority but may not operate in lieu of the· provisions of federal law until such time, if any, as EPA ha s approved and authori zed such revisions. EPA recognizes that the State is obligated to comply with stat utory requirements under State law

. EPA agrees to support the State with timely review of proposed State legislation that might have a significant potential to affect the authorized hazardous waste program. 4. E xcept for documents and information protected by attorney client privilege pursuant to Idaho Rule of E vidence 502 and Idaho Code 

### § 9-203 or otherwise subject to attorney work product pursuant to Idaho Rules of Civil Procedure 26 (b)(3) , the State agrees to provide any pertin ent information requested by the EPA, within a mutually agreed upon time frame , as necessary for EPA to carry out its RCRA authorities and oversight responsibilities. 5. Th e S tate 

### agrees to submit the following reports and docum ents to th e EPA within the specified time periods :


### 3

### a) quarterly reports on the dates set in the Grant work plan, and b) additional reports and documents as specified in the Grant work plan. 6

. The State 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 Permit Application) in accordance with the document flow charts of Appendix A, B, and 

### C. 7. EPA agrees to adhere to the schedules set forth in the Grant and the schedules specified by the Grant work plan, including the Document Flow Tables. B. Site Visits In relationship to information sharing, EPA HQ is responsible for maintaining 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 HQ determines that it needs to obtain certain information , under most circumstances EPA HQ will first seek to gain this information from the States through the EPA Regions

. The State of Idaho agrees to supply the EPA with this information if readily available and as resources allow in accordance with section IV (A)(4) hereof. If the State is unable to provide the information or if it is necessary to supplement the State information, EPA HQ may conduct a special surveyor perform information collection site visits after notifying the State (normally with at least seven days advance notice) and inviting the State to participate in the site visit. EPA Region 10 will share with the State any final reports developed by EPA HQ as a result of such information collection. C. Emergency Situations Upon receipt of any information that the handling, storage, treatment, transportation, or disposal of hazardous waste is endangering human health or the environment, the party in receipt of such information shall immediately notify by telephone the Idaho Emergency Response Communication center at 1-800-632-8000. D. Confidentiality 1. Subject to the provisions of section IV (A) (4) herein, regarding attorney client privilege and attorney work product protection, any information obtained or used in the administration of the State program shall be available to EPA. If the information has been submitted to the State under a claim of confidentiality, the State must submit said information to EPA in a manner reasonably anticipated to place EPA on notice of such claim of confidentiality

. Any information obtained from a State and subject to a claim of confidentiality will be handled in accordance with 40 CFR Part 2. 2. EPA agrees to furnish to the State information in its files which is not attorney-client privilege, deliberative process, or attorney work product, and which the State needs to implement its program . Subject to the conditions in 40 CFR Part 2, EPA will furnish to the State information submitted to EPA under a claim of confidentiality which the State needs to implement its program . All information EPA agrees to transfer to the State 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 State

. The State will handle such information in accordance with the Idaho Public Records Act, Idaho Code 

### § 9-337 et seq .

4E. Delisting The State shall send a copy of any delisting petition, and all subsequent revisions , to EPA within 

### lS days of receipt. Please consult the Enforcement and Compliance document flow table (Appendix C), attached to this agreement that contains additional information on delisting documents the S ta te will share with EPA

. F. Notification EPA and the S tate have jointly decided that the State will assign all EPA RCRA Identification (RCRA ID) numbers and enter all notifi cation data into RCRAlnfo

. If the applicant sends a notification form (8700-12 or equivalent) directly to EPA, EPA will forward the form to the State for the assignment of an RCRA ID number w ithin 30 days of receipt. If the State recei ves a notification form from EPA or from the applicant, the State will assign a RCRA ID number to the applicant and inform the applicant of its number

. G. Variances and Waivers The S tate agrees to provide EPA with a copy of each proposed variance and waiver at the time the application is received

. Within 4S days of receipt, EPA may review and comment on any proposed variance or waiver. The State agrees to halt any proposed action, within the 45 day comment period, if EPA determines that the proposed variance or waiver is inconsistent with the State's authorized program. This 45 day comment period can be shortened on a case by case basis by mutual consent. The State will transmit a copy of any public notices, variances , or waiver approvals to EPA within ten (10) days of issuance. H. RCRA Data Management 1. The State agrees to use, maintain, and enter data into the national RCRA data management system (currently RCRAlnfo). 2

. The State and EPA share one RCRAlnfo database. The State and EPA Region 10 are each responsible for the corre ctness of the data entered by their respective agencies. 3

. The State will enter all required RCRA Core data into RCRAlnfo on a monthly basis and may submit or enter additional data as agreed between EPA and the State. 4

. The State will collect , quality assure, and load Biennial Reporting (BR) data into RCRAlnfo according to the schedule promulgated by EPA Headquarters, and the schedule in the Grant work plan

. S

. EPA will inform the State promptly when changes are made to RCRAlnfo that might affect the State's implementation of RCRA

. EPA will assist the State by consulting on questions regarding RCRAlnfo and also providing training , as resources allow

. 6. As resources allow, EPA will assist the State in developing RCRAlnfo rep o rts. 7. Neither the State nor EPA will unilaterally alter the RCRAlnfo database application in any way without ad vance consultation with, and agreement of, the other party. 8

. As the owner of the RCRAlnfo database application, EPA HQ has the right to choose and change hardware and software platforms to optimize system efficiercy, but will do so in consultation with the regions and states in such a way as to not negatively affect the RCRAlnfo database structure, access to the RCRAlnfo reporting functions, or the ability to update RCRAlnfo with new data. IDEQ has no <inancial obligation for RCRAlnfo (including Biennial Report applications) or any future upgrades that EPA HQs may implement or require. 

### 5V. PERMIT ISSUANCE A. EPA Permitting The State is authorized to issue RCRA permits at all facilities located in the State of Idaho except those within " Indian country" as defined in 18 U.S

.c. § 

### 11 5 1 If EPA promulgates sta ndard s for additional regulations mandate d by HSWA

. that are not covered by the S tate's auth orized program, EPA may issue and enforce RCRA permits in the State for these new reg ulations until the State receives final authorization for equivalent and consistent State standards. If EPA promulgates new standard s requiring a permit modification , then EPA may. pursuant to 40 CFR 270.42(b)(6)(vii) , extend the time period for final approval or denia l of a modificat ion request until such time that the Stat e recei ves authorization for the new standard s. At the time the State program is approved in the new areas, EPA w ill suspend issua nce of Federal permits in the State. B

. EPA Overview of State Permits Whil e EPA may co mment on any permit app lication or draft permit, EPA's oversight function will focus primarily on those facilities identified by the State and EPA in the Grant Work Plan and those sites which are referred to EPA by the State

. EPA may comment in writing on any draft permit or proposed permit mod ificatio n, within forty five days of its rece ipt, w heth er Or not EPA commented on the permit appli ca ti on. Where EPA indicates in a comment that issuance , modification , reissuance, terminati on or denial of the permit would be inconsistent with the approved State program , EPA shall include in the comment:
a. A statement of the reasons for the comment (including citation to the section of the State Or federal law or regul atio ns that supports the comment), and b. The actions that should be taken by the State to address the co mment (including the conditions which the permit would in clud e if it were issued by EPA)

. The State and EPA will usually reach co ncurren ce on permit conditions prior to issuance of the permit o r approval of proposed permit modifications

. The State and EPA agree to meet o r co nfer, within the permit review period, whenever neces sary to resolve a disagreement on the terms of any State · issued permit

. EPA shal l withdraw such comments if satisfied that the State has met its concerns. The State agrees to consider all comm ents EPA make s on permit applications and d raft permits. fhe State wi ll meet or refute EPA's con cerns on a particuldf permit appli cation , pro posed permit modification, o r draft permit in writing before issuing the permit o r making the modification. Under section 3008(a)(3) of RCRA, EPA may terminate a State·issued permit or bring an enforce ment action in accordance with the procedures of 40 CFR Part 22 in the case of a violat ion of a State program requirement. In exercising these authorities , EPA w ill observe the conditions set forth in 40 CFR 27 1.19 (e). C. State Permitting The State is responsible for expeditiously drafting, circulating for public review and comment, issuing , modify ing, re issuing and terminating RCRA permits for those hazardo us waste treatment, storage and disposal facilities subject to the authorized provisions of the State's program and shall do so in a manner consistent w ith RCRA as amended by HSWA, this Agreemen t, all applicable Federal and State requirements, and the State's Program Description

. In 

### 6

### accordance with Idaho Code §39
-4409(2), UpOl authorization, interim status or final permits issued by EPA prior to State authorization shall be adopted as State interim status final permits until DEQ issues a new State permit. The State agrees to issue, modify and reissue all permits subject to the authorized portions of the State's program in accordance with the applicable provisions of IDAPA § 58.01.05

.013, the Idaho Ad m inistrative Procedures Act, Idaho Code §§ 67·5240-5279, Idaho Department of Environmental Quality Rules of Administrati ve Procedure Before the Board of Environmental Quality, IDAPA §§ 58.01.23, et seq . and to inclcue as permit conditions all applicable provisions of IDAPA §§ 

### 58.01.05 , et. seq. The State agrees that any compliance schedule cont2ined in any permit issued will require compliance with applicable standards within a specified time period.

VI. PERMIT ADMINISTRATION The State agrees to review all ha zardous waste permits whi ch were issued under State law prior to the effective date of this Agreement in accordance with 40 CFR 271.13(d), and to modify, or revoke and reissue , such permits as necessary to require compliance with the amended State Program. The State shall notify EPA of any permits not equivalent to federal permit requirements, including any permits that have been issued but are pending administrati ve or judicial appeal. Except for these non -equivalent permits , once EPA has determined that the State has fulfilled the requirements of 40 CFR 271.13(d) , EPA will terminate the applicable Federal permit, or Federal portion of the permit, pursuant to the procedures in 40 CFR 124.5(d), notify the State that the permit is terminated, and no longer administer those permits or portions of permits for which the State is authorized. Where the State permit is not equivalent to federal permit requirements, the State may modify, or revoke and reissue, its permit as necessary to require compliance with its authorized program in a manner consistent with RCRA as amended by HSWA. If the State does not modify, or revoke and reissue, a permit equivalent to the federal permit, EPA will administer and enforce its permit until it expires or is terminated

. Upon the effective date of an equivalent State permit, EPA w ill terminate the federal permit pursuant to 40 CFR 271.8(b)(6) and 124.5(d)

. EPA will notify the permittee by certified mail of its intent to terminate the federal permit, and give the permittee 30 days in which to agree or object to termination of the permit. The State agrees to resol ve all State permit appeals in a manner consistent with its authorized RCRA program .

VII. COMPLIANCE MONITORING AND ENFORCEMENT A. EPA Nothing in this Agreement shall restrict EPA's r'ght to inspect any hazardous waste generator, transporter or facility or bring enforcement action 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 constituent. Before conducting a civil compliance/ enforcement inspection of a generator, transporter or facility, the EPA will normally give the State at least seven days' notice of the intent to inspect in accordalce with 40 CFR 271.8(b)(3)(i)

. In case of an imminent hazard to human health or the environment, the EPA may sho rten or waive the notice period

. EPA agrees to make a vailable to the State copies of any reports and data resulting from compliance inspections within a reasonable time from completion of the inspections in accordance with the confidentiality agreement (IV.D.2) between the State and EPA. The frequency of EPA oversight and lead inspections will be specified in the State grant work plan. EPA will negotiate on an annual basis with the State the number or perceniage of the State's compliance inspections on which EPA will accompany the State as well as which inspections EPA will be the lead agency. 

### 7

### EPA may take enforcement action against any person determined to be in violation of RCRA in accordance with section 3008. EPA may also take civil enforcement action upon determining that the State has not taken timely and appropriate enforcement action or upon request by the State

. Prior to issuing a compliance order under section 3008(a) EPA will give notice to the State pursuant to 3008(a)(2). EPA also retains its rights to issue orders and bring actions under sections 3008(h), 3013 and 7003 of RCRA and any other applicable Federal statute. After notice to the State , EPA may take action under section 3008 of RCRA against a holder of a State-issued permit on the grounds that the permittee is not complying with a condition of that permit. In addition , EPA may take action under section 3008 of RCRA against a holder of a State-issued permit on the grounds that the permittee is not complying with a condition that the EPA, in commenting on that permit application or draft permit, stated was necessary to implement approved State program requirements, whether or not that condition was inCluded in the final permit. B. State The State 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 State will conduct inspections to assess compliance with generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules , and all other program requirements. National compliance monitoring activities and priorities will be specified in the Office of Enforcement and Compliance Assurance's annual National Program Manager Guidance as well as the annual State grant work program and shall be consistent with all applicable Federal requirements and with the State's Program Description

. State specific activities and priorities for compliance monitoring will also be included in the annual grant work plan. The State agrees to take timely and appropriate enforcement action as defined in the December 2003 Hazardous Waste Civil Enforcement Response Policy 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 State compliance inspections. The State will maintain procedures for receiving and ensuring proper consideration of information about violations submitted by the public. Subject to the provisions of section IV (A)(4) herein , the State agrees to provide EPA with copies of reports resulting from any compliance inspection and subsequent enforcement actions, when EPA requests such copies. The State agrees to retain all records for at least three years unless there is an enforcement action pending. In that case all records will be retained until three years from the date such action is resolved. VIII. AVAILABILITY OF INFORMATION 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 as, and to the same degree as, that available under federal law

. B. Requests for Information 1. After a determination that this information is available for disclosure under the Idaho Public Records Act, Idaho Code 

### §§ 9-337, et seq., the State agrees to make certain materials routinely available without a formal information request. Examples of these materials are final opinions or orders in case adjudication, State 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 of such records are press releases, copies of speeches, pamphlets, and educational materials.

82. The State agrees to make reasonable efforts to as sist a requestor In identifying records being soug ht , and to help the requestor formulate his or her request. 3. If a request for information is denied, the State agree s to provide the requestor the basis for the denial and to notify the requestor of any State judicial, ad m inistrative procedures, or statutes of limitation in accordance with the Idaho Public Records Act, Idaho Code §§ 9·337, et seq . 4. The State agrees to ma ke the fullest possible disclosu re of records 

### to the public, except where the record would qualify for any of th e exemptions under the Idaho Public Records Act, Idaho Code § 9-337, et seq. or under the Federal Freedom of Information Act, 5 USC 552(a)( 2), if such exemption is recognized by the State. 5. A reduction or waiver of fees will be consi de red in con ne ction with each request fra m a representative of the press or other communication medium, or from a pu lic interest group . The State agrees to reduce or waive the fee if it determines that a reduction or waiver of t he 

### f ee is in the public Interest because furnishing the information can be considered as primarily benefittin g the general public. C. Confidentiality of Business Information Pursuant to the Idaho Public Records Act , Idaho Code §§ 9· 337, et seq ., the State agrees to manage information submitted under a claim of confidential business info rmatio n or trade secret in a manner consistent therewith and to determine whether a record that has been marked as confid ential business information or trade secret constitutes confidential business information or a trade secret pursu ant to Idaho Code 

### § 9·342A

. D. I nform atio n on t he Au thoriz.ed Progrnm The State agrees to keep EPA fully informed of any p ro posed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities, as applied to secti on 3006{f)

.
STATE OF IDAHO US ENVI RONMENTAL PROTECTION AGENCY DEPT

. OF EN VIRONMENTAL QUALITY REGION 10

BY:

# 12#+---<---.. _ DEQ DIREC TOR DAT E / / 

# '1(/S

9APPENDIX A BASE PERMITIING DOCUMENT FLOW BETWEEN EPA AND IDAHO DEQl
Item Item Description State Action ' EPA Action '" 

### 1 New/revised Part A ap pncatlon Copy to EP A Review, file 

### 2 Part B Permit application Copy to EPA withi n 30 days of receipt Review and comment, file

3 Draft permits/permit mods and all associated fact sheets and public notices Send to EPA 30 days before start of public comment period Review and comment within 30 days or as negotiated, file 4 Final permits/ permit mods; response to comments; stateme nt o f basis or fact sheet ; any technical justification relating to permit issuance Copy to EPA Review, fil e



### 5 Emergency permits Co py to EPA File, review upon request 6 Closure Plan, associated NODs and public notices Copy to EPA R eview, file



### 7 Closure acceptance letter Copy to EPA Fil e 

### 8 Permit Termi n ation/Denial Copy to EPA Review, file 

### 9 All Public Noti ces Copy to EPA Review, file 10 Other, at DEQ reque st' Per DEQ schedule Ass ist DEQ to maximum extent possible

1 Table applies to all permits/ permitted facilities wh ich are subject to the authomed hazardous waste program In Idaho. '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 o r 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 irlformation , cursory review of a document, or other circumstance. Should EPA conduct a review , DEQ w il l copy subsequerlt subm ittal s arid co rre spo rl dence relating to the document (e.g., NODs, revised part B, revised permit , etc.) to EPA

.
4 DEQ and EPA may negotiate timing durirlg the q uarterly meetings wit h updates as necessa ry . Default EPA review time for documents is 30 days from receipt by the EPA office .

, 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 tran sfer of documents is encouraged.
10APPENDIX B CORRECTIVE ACTION DOCUMENT FLOW BETWEEN EPA AN D IDAHO DEQ' Item Item Descri pti on State Act ion' EPA Action' " 

### 1 Draft RFA R eports 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 ReView if EPA commented on facilities Se nd to EPA in draft form when sent to draft, file facility for comment 3 Final EI evaluation forms and Review, file NCA PS worksheets Send to EPA

4 Review and comment within final form 30 days prior Draft Corrective Action orders S end to EPA in draft 30 days or as negotiated, file to Issuance/public notice 

### 5 Final Corrective Actio n orders, Copy to EPA Review, file revisions 6 Remedy Selection documen ts , C opy to EPA Review and comment, file including Statement of Ba sis, permit modification , order, etc
.



# - 7 Corrective Action Completion Co py to EPA Review, file determination s/No Further Action determinations Review, file 

### 8 All Public Notices Copy to EPA Other, at DEQ request 5 Pe r DEQ schedule Assist DEQ to maximum extent possible 

### 9



# .. Table app hes to aUcorrective act io n fn C llltl eSwhich are subject to the authomed hazardous waste program In Idana. 21f DEQ knows or suspects there may be controve rsy or a potentia l precedent- sett mg issue(s) associated W ith an action or document, DEQ will mform EPA as soo n as pOSSib le . 

## oeo and EPA may consult to info rm EP A's decision rega rdin g whether to conduct a review. ] DE Q may request an EPA r eview or EPA may choose to conduct a review. EPA may comment on any document it reviews and wil l inform DEQ that there will be co mmentsas soon as possibl e. Ge ne r ally, the decision for EPA to review will be determined during the quarterl y meetings, but may also be amended based on new information , cursory reV iew of a document, or other circumstance . Should EPA conduct a reView, DEQ W Ill copy s ubsequent s ubmittalsand correspondence relating to the docum ent (e .g. , revised EI , reVised Order, etc.) to EPA.
4 DEQ and EPA may negotiate tim ing during the quarterly meetings with updates as necessary. Default EPA review ti me fo r documents IS30 days from the date of rece ipt by the E PA offi ce . 5. It is not necessary to send documents which are not Identified on th istab " e to EPA, unless specifically reques ted b y EPA or u:dess DEQ requ ests EPA review. To save resources, as well as time and money, electronic transfer of documents is encouraged.



### 11APPENDIX C ENFORCEMENT AND COMPLIANCE DOCUMENT FLOW Between EPA and Idaho DEQ Item Item Description State Action EPA Action 

### 1 List of all facilities / TSDFs / significant generators that State will inspect each quarter/year Send li st to EPA prior to start of quarter / year Review list and notify State which facilities EPA will inspect. 

### 2 Notice of Intent to rece ive hazardous waste from a foreign source pursuant to 40 CFR 

### 265.12 Send copy to EPA upon receipt / within 

### 5 days of re ceipt Region review and take action as necessary 3 Notification to State that EPA wi ll take enforcement act ion Re ceive notifi cat io n Notification prior to issuing 3008(a) in w rit i ng 4 Notification to EPA of any determination that a CERCLA off-site fac i lity is a SNCor may be posing signi fi ca nt threat to publi c health , w elfare o r the environment or otherwise affect the satis factory ope ratio n o f the faci lity. S tate notifies EPA w ithin 

### 5 days of determinati o n EPA reviews per off-site rule , co nsu lts w ith State , and takes app ro priate action

.



### 5 For all TSDFs recei ving CERCLA off-site waste, In spection Reports, NOVs, Orders, Civil and/o r Crim inal actions and corrective acti on requirements when significant RCRA violations occur and a formal enforcement response is initiated. State w ill se nd w ithin 

### 15 days of iss uance EPA reviews per off-site rule , co nsults w ith State, and takes appropriate action

.

6 Draft "nd fin,,1 delisting decisions, where State is authorized for delisting Send dr"ft to EPA 30 days before publi c notice. Send final decision to EPA 

### 15 days before mailing to applicant. EPA will review and provide comments to State withi n 30 days of receipt of draft decision

. EPA notify State before mailing final decision to applicant if EPA finds serious technical deficiencies. 

### 7 Citizen concerns referred to State by EPA State investigate s. EPA refer to State.

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



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