APPENDIX V 

MEMORANDUM OF AGREEMENT BETWEEN 

THE STATE OF 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 Department 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 authority. 

The parties will review the Agreement jointly 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 with changes made and mutually agreed upon through 

signature of 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 Agreement 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program authorization is withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures 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 is being revised because the State is submitting 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 parties 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 the authorized provisions of the 

RCRA hazardous waste program within its geographic boundaries, except in Indian country. The State will conduct its 

hazardous 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 

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and 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 Administration, and VII. Enforcement. Detailed 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 respective information needs of the State and EPA evolve, these Appendices 

will be updated. During the periodic review of this Agreement the State 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, regulations, 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 will share with the State any reports developed by EPA 

from the data submitted through State reporting requ irements 

2. 	 EPA will make available to the State other relevant info rmation as requested which the State 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 State's lega l authori ties (i .e., sta tutes, regulations and judi ci al or legislative ac tions 

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 has approved and authori zed such revisions. EPA 

recognizes that the State is obligated to comply with statutory 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. 	 Except for documents and information protected by attorney client privilege pursuant to Idaho Rule of Evidence 

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 pertinent 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. 	 The State agrees to submit the following reports and documents to the EPA within the specified time periods: 

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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. 

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E. 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 Sta te will share with EPA. 

F. Notification 

EPA and the State have jointly decided that the State will assign all EPA RCRA Identification (RCRA ID) numbers and enter 

all notification 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 within 30 days of receipt. If the State 

receives 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 State 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 

correctness 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 reports. 

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. 

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V. 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 51 If EPA promulgates standard s for additional regulations mandated by HSWA. 

that are not covered by the State's authorized program, EPA may issue and enforce RCRA permits in the State for these 

new regulations until the State receives final authorization for equivalent and consistent State standards. If EPA 

promulgates new standards requiring a permit modification, then EPA may. pursuant to 40 CFR 270.42(b)(6)(vii), extend 

the time period for final approval or denial of a modification request until such time that the State receives 

authorization for the new standards. At the time the State program is approved in the new areas, EPA will suspend 

issua nce of Federal permits in the State. 

B. EPA Overview of State Permits 

While EPA may comment on any permit application 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 receipt, 

whether Or not EPA commented on the permit applica tion. Where EPA indicates in a comment that issuance, 

modification, reissuance, termination 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 regulations that supports the comment), and 

b. 	 The actions that should be taken by the State to address the comment (including the conditions which 

the permit would includ e if it were issued by EPA). 

The State and EPA will usually reach co ncurrence on permit conditions prior to issuance of the permit or approval of 

proposed permit modifications. The State and EPA agree to meet or confer, within the permit review period, whenever 

necessary 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 comments EPA makes on permit 

applications and draft permits. fhe State wi ll meet or refute EPA's concerns on a particuldf permit application, proposed 

permit modification, or draft permit in writing before issuing the permit or 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 violation of a State program requirement. In 

exercising these authorities, EPA will 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, modifying, 

re issuing 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 Agreemen t, all applicable Federal and State requirements, and the State's Program Description . In 

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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 Administrative 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 hazardous 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 will 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 resolve 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 shorten or waive the notice period . EPA agrees to make available 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 over sight 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. 

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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. 

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2. 	 The State agrees to make reasonable efforts to as sist a requestor In identifying records being sought, and to help 

the requestor formulate his or her request. 

3. 	 If a request for information is denied, the Sta te agrees to provide the requestor the basis for the denial and to 

notify the requestor of any State judicial, ad ministrative 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 disclosure 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 considered in con nection with each request fram 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 the fee is in the public Interest because furnishing the 

information can be considered as primarily benefitting 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 information or trade secret in a manner consistent therewith and to 

determine whether a record that has been marked as confidential business information or trade secret constitutes 

confidential business information or a trade secret pursuant to Idaho Code § 9·342A. 

D. Information on the Authoriz.ed Progrnm 

The State agrees to keep EPA fully informed of any pro posed modifications to its basic statutory or regulatory authority, 

its forms, procedures, or priorities, as applied to section 3006{f). 

STATE OF IDAHO US ENVI RONMENTAL PROTECTION AGENCY 

DEPT. OF ENVIRONMENTAL QUALITY REGION 10 

BY: 12#+---<---.._ DEQ DIRECTOR 

DATE / / '1(/S 

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APPENDIX A 


BASE PERMITIING DOCUMENT FLOW 


BETWEEN EPA AND IDAHO DEQl 


Item Item Description State Action' EPA Action'" 

1 New/revised Part A appncatlon Copy to EPA Review, file 

2 Part B Permit application Copy to EPA within 

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; statement of basis or 

fact sheet; any technical justification 

relating to permit issuance 

Copy to EPA Review, file 

5 Emergency permits Co py to EPA File, review upon request 

6 Closure Plan, associated NODs and 

public notices 

Copy to EPA Review, file 

7 Closure acceptance letter Copy to EPA File 

8 Permit Termination/Denial Copy to EPA Review, file 

9 All Public Notices Copy to EPA Review, file 

10 Other, at DEQ request' Per DEQ schedule Assist DEQ to maximum 

extent possible 

1 Table applies to all permits/ permitted facilities which 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 or EPA may choose to conduct a review. EPA may comment on any document it 

reviews and will inform DEQ that there will be comments as soon as possible. Generally, the decision for EPA to review 

will be determined during the quarterly meetings, but may also be amended based on new irlformation, cursory review 

of a document, or other circumstance. Should EPA conduct a review, DEQ wil l copy subsequerlt submittals arid 

corresporldence relating to the document (e.g., NODs, revised part B, revised permit, etc.) to EPA. 

4 DEQ and EPA may negotiate timing durirlg the quarterly meetings with 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. 

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APPENDIX B 


CORRECTIVE ACTION DOCUMENT FLOW 


BETWEEN EPA AND IDAHO DEQ' 


Item Item Description State Action' EPA Action'" 

1 Draft RFA Reports generated by Copy to EPA Review and comment to State 

State within 30 days or tell State 

that EPA will not review 

2 Final RFA Reports sent to ReView if EPA commented on 

facilitie s 

Send 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 Send 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 documents, Copy to EPA Review and comment, file 

including Statement of Ba sis, 

permit modification, order, etc. 

- 7 Corrective Action Completion Copy to EPA Review, file 

determinations/No Further 

Action determinations 

8 All Public Notices Copy to EPA Review, file 

Other, at DEQ request 5 Pe r DEQ schedule Assist DEQ to maximum 

extent possible 

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..Table apphes to aU corrective action fn CllltleS which are subject to the authomed hazardous waste program In Idana. 

21f DEQ knows or suspects there may be controversy or a potentia l precedent-settmg issue(s) associated With an action or document, DEQ will 

mform EPA as soon as pOSSible. oeo and EPA may consult to inform EPA's decision rega rding whether to conduct a review. 

] DEQ may request an EPA review or EPA may choose to conduct a review. EPA may comment on any document it reviews and will inform DEQ 

that there will be comments as soon as possible. Generally, the decision for EPA to review will be determined during the quarterly meetings, but 

may also be amended based on new information, cursory reView of a document, or other circumstance. Should EPA conduct a reView, DEQ WIll 

copy subsequent submittals and correspondence relating to the document (e.g., revised EI, reVised Order, etc.) to EPA. 

4 DEQ and EPA may negotiate timing during the quarterly meetings with updates as necessary. Default EPA review time for documents IS 30 days 

from the date of receipt by the EPA office . 

5. It is not necessary to send documents which are not Identified on this tab"e to EPA, unless specifically requested by EPA or u:dess DEQ reques ts 

EPA review. 

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

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APPENDIX 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 list 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 receipt 

Region review and take action as 

necessary 

3 Notification to State that EPA wi ll take 

enforcement act ion 

Re ceive notificatio n 

Notification prior to issuing 3008(a) in 

w riting 

4 Notification to EPA of any 

determination that a CERCLA off-site 

facility is a SNC or may be posing 

signi fica nt threat to public health, 

w elfare or the environment or 

otherwise affect the satis factory 

operation o f the faci lity. 

State notifies EPA 

within 5 days of 

determination 

EPA reviews per off-site rule, consults 

w ith State, and takes appropriate 

action . 

5 For all TSDFs receiving CERCLA off-site 

waste, Inspection Reports, NOVs, 

Orders, Civil and /or Criminal actions and 

corrective action requirements when 

significant RCRA violations occur and a 

formal enforcement response is 

initiated. 

State will send within 

15 days of issuance EPA reviews per off-site rule, consul ts 

with 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 investigates. EPA refer to State. 

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

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