Memorandum of Agreement Between the State of Minnesota and the United States Environmental Protection Agency, Region 5

I. General


### This Memorandum of Agreement (hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuant to Title 40, Code of Federal Regulations (hereinafter "CFR"), part 271.8, for the State of Minnesota's hazardous waste program (hereinafter "State program") authorized under Section 3006 of the Resource Conservation and Recovery Act (hereinafter "RCRA" or "the Act") of 1976, (Title 42, United States Code 6901, et seq.), as amended (Public laws 94-580, 96-482, 98-616), and the United States Environmental Protection Agency Region 5 (hereinafter EPA). This Agreement further sets forth the manner in which the State and the EPA agree to coordinate in the State's administration and enforcement of the State program and, pending State authorization, the EPA's administration of the provisions of the Hazardous and Solid Waste Amendments of 1984 (PL 98-616; hereinafter "HSWA"). For purposes of this Agreement, references to RCRA include HSWA.

This Agreement is entered into by the Commissioner of the Minnesota Pollution Control Agency (hereinafter "Commissioner" or "the State") and the Regional Administrator, EPA Region 5 (hereinafter "Regional Administrator" or "the EPA").

Nothing in this Agreement shall be construed to restrict in any way the 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.

The parties must review this Agreement during preparation of the annual Performance Partnership Grant (hereinafter "Grant"), in connection with grant funding under Section 3011 of RCRA.

Either party may initiate modifications to this Agreement for any mutually agreeable purpose. Any revisions or modifications to this Agreement must be in writing and must be signed by the Commissioner and the Regional Administrator. This Agreement remains in effect until it is superseded by a new Agreement or until Minnesota no longer has an authorized RCRA program. Titles 40 CFR 271.22 and 40 CFR 271.23 govern de-authorizing a State's program.

The State is seeking Agreement revisions to address program changes related to adopting federal regulatory amendments and State rule revisions, and to make the Agreement current. Also, wherever this agreement requires one party to share copies of material with the other party, and is not otherwise prohibited, the parties may provide copies in any mutually compatible electronic format.

This Agreement shall become effective after being signed by the Commissioner and the Regional Administrator (the EPA signing Minnesota's Authorization Notice for publication in the Federal Register also constitutes the EPA's acceptance of this Agreement). This Agreement shall supersede all prior Agreements.

II. POLICY STATEMENT



### Each of the parties to this Agreement is responsible for ensuring that its obligations under RCRA are met. The State assumes primary responsibility for implementing its RCRA-equivalent hazardous waste program within its geographic boundaries, except in Indian country (a term defined in the United States Code at 18 U.S.C. Section 1151). The EPA determines theRCRA-equivalence of the State's hazardous waste program. The authorized State program may be

more restrictive than the base RCRA program. The State agrees to conduct its hazardous waste program in accordance with EPA program policies and guidance. The EPA agrees to adopt and enforce the State's RCRA-equivalent program within the State, except that the base RCRA program applies in Indian country where the State program does not apply.

While the EPA retains responsibility for the direct implementation of those provisions of HSWA for which the State is not authorized, it is the intention of the EPA and of the State to coordinate the implementation of such provisions to the greatest degree possible. The Commissioner and the Regional Administrator agree to maintain a high level of cooperation and coordination between their respective staff in a partnership to assure successful and effective administration of the State program.
The EPA must 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, and to allow the EPA to report to the President and Congress on the achievements of the hazardous waste program. The EPA plans to accomplish oversight through written reporting requirements, permit overview, compliance and enforcement overview, and biannual review of the State's programs.



### III. STATE PROGRAM REVIEW

The EPA must assess the State's administration and enforcement of the hazardous waste program on a continuing basis for equivalence and consistency with RCRA, for consistency with all applicable federal requirements and policies, and for the adequacy of enforcement. The EPA must conduct this assessment by reviewing information submitted by the State in accordance with this Agreement and the Grant, permit overview, compliance and enforcement overview, and the biannual review of State program activities. 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 regulated persons, the public, federal, State and local agencies. The EPA must provide the State with copies of any such comments received within 15-days of their receipt.

The State agrees to allow the EPA access to all files and other information requested by the Regional Administrator or his or her designee and deemed necessary by the EPA for reviewing State program administration and enforcement. The EPA may review State program files at any time. The EPA must provide the State with 30-days notice of file reviews that require the State to produce complete files in a central location. The EPA may schedule program review meetings with the State at reasonable intervals to review specific operating procedures and schedules, to resolve problems, and to discuss mutual program concerns. These meetings must be scheduled at least 15-days in advance. The EPA must prepare a tentative agenda for those meetings it schedules.

The State and the EPA agree to develop criteria for priority activities as part of the State's Grant. These criteria must be based on guidance issued by the EPA in the annual Agency Operating Year Guidance, other appropriate guidance documents, and State-specific concerns. These criteria should identify those activities of highest priority during the Grant period. Examples of high priority activities include types and quantities of facilities to be inspected, permitted, and scrutinized for enforcement.

2IV. INFORMATION SHARING

A. General

This section covers information sharing on miscellaneous elements of the RCRA program including notification and data. 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). The parties must carefully examine information-sharing requirements of this Agreement as the program needs evolve.

The State must send the information related to Sections V and VI, Permitting, to the RCRA Branch at the EPA. The EPA must send such permit-related information to the Industrial Division, Land and Water Quality Permit Section of the State. The State must send information related to Section VII-Enforcement, to the RCRA Branch at the EPA. The EPA must send such enforcement-related information to the Industrial Division, Compliance and Enforcement Section of the State.

B. EPA

1. The EPA must 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. The EPA must also provide general technical guidance to the State. The EPA must share with the State any reports developed by the EPA from the data submitted through State reporting requirements.

2. The State and the EPA have agreed to a joint permitting process (see Section V, Item D of this Agreement). Under this process, the State and the EPA have established policies and procedures by which each must pursue its respective and/or joint responsibilities under HS WA.

The State and the EPA agree to share information as specified under the joint permitting process herein, and as specified in the Grant. These shall specify procedures for sharing information on the following:

a. Part A and Part B permit applications whether first received by the State or the EPA;

b. Such other information necessary to support the foregoing information;



### c. Electronic copies of draft permits, proposed permit modifications, public notices;



### d. Electronic copies of final permits and permit modifications;

e. Notices of permit denials; and

f. Other information as specified in the Permit Strategy and Transition Plan.

3. The EPA agrees to make available to the State copies of any reports and data resulting from compliance inspections within 60-days of completing the inspections.

4. The State agrees to assign EPA identification numbers to generators and transporters and to owners and operators of hazardous waste treatment, storage, and disposal facilities submitting

3notifications to the State. The State must do this after receiving a copy of the notification

information from the applicant .

5. The EPA must make available to the State other information that the State requests to implement its approved program. Information provided to the State is subject to the terms of 40 CFR Part 2.

6. The EPA agrees to provide the State copies of any pending Part A and Part B hazardous waste management facility permit applications originally submitted to the EPA, pursuant to 40 CFR Part 270.10, by facilities located in the State and which have not already been transferred to the State, together with all pertinent file information. Pertinent file information includes applications (including accompanying narratives, plans and maps), draft permits, public notices, administrative notices, fact sheets, and correspondence. Such materials must be provided within thirty days of receipt by the EPA and according to any arrangements the Commissioner and the Regional Administrator may make regarding the priority of transfer.

7. The EPA must provide to the State, within five days of receipt, copies of Part A and Part B permit applications submitted directly to the EPA by persons in the State if duplicates have not been submitted to the State by the permit applicants.

8. For those hazardous waste facilities subject to additional requirements under HS WA for which the State has not received authorization, the EPA agrees to provide the State with the following information within the time frames described:

a. Copies of information submitted by the owners or operators within 15-working days of receipt;

b. Copies of draft permits, draft consent orders, draft corrective action orders, proposed permit modifications, and public notices within 15-working days of completion;

c. Copies of final permits, consent orders, corrective action orders, permit modifications within 15-working days of issuance; and

d. Copies of the EPA review letters or notices to the owners or operators within 5-working days of dates of letters or notices.

9. When the U.S. Department of Transportation reports to the EPA discharges of hazardous waste in Minnesota related to transportation, the EPA must provide the State copies of these reports (normally on Form F 5800.1) within 15-days of receipt.

10. The EPA must provide hazardous waste handler information to the State within 60-days of its request if the data exists within the EPA.

11. As they are developed, the EPA must provide draft and final copies of annual guidance, new reporting requirements, and other documents which might impact the operation of Minnesota's hazardous waste program.

12. To the extent they are developed, the EPA must provide the State with checklists and forms to facilitate preparation of the reports required pursuant to this Agreement.

4C. State

1. The State agrees to inform the Regional Administrator of any proposed program changes that 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 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 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 Part 271.21, and that until approved by the EPA, revisions are not authorized as RCRA Subtitle C requirements. The 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.

2. The State agrees to provide any pertinent information requested by the Regional Administrator or his or her designee within a mutually agreed upon time frame, as necessary for the EPA to carry out its oversight responsibilities. The State must send this information to the Director of the Land and Chemicals Division at the EPA unless other arrangements are made.

3. The State agrees to submit the following reports and documents to the Regional Administrator or his or her designee within the specified time periods: a) Mid-year and End of Year reports on the dates set in the Grant; and b) Additional reports and documents as specified by the Grant.

4. The State agrees to provide the 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). Also, 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).

5. The State agrees to provide the EPA with copies of reports on data resulting from any compliance inspection and subsequent enforcement actions, when the EPA requests such copies. The State agrees to allow the EPA to make copies of these documents.

6. The State agrees to grant no variances that would render the State program less stringent than the federal program. The State agrees to provide the EPA with a copy of each State decision regarding variances, waivers, and delisting petitions at the time such requests are granted. The State must provide the EPA with a copy of the proposed public notice for each State variance request prior to publishing the notice. The State must also provide the EPA with a copy of each State variance within five days of the date it is granted.

7. The State agrees to publish notices of tentative decisions on petitions reviewed under Minnesota Rule 7045.0075, except for Minnesota Rule 7045.0075, subp. 5, in the State Register. These notices must provide a 30-day public comment period during which person may request that a public information meeting be held. The State agrees to provide a copy of the petition and the notice of tentative decision to the EPA prior to publishing the notice in the State Register. The EPA must provide any comments to the State prior to the close of the public comment period. In determining whether to exclude a waste as requested by the

5petition under Minnesota Rule 7045.0075, subp. 2, the State must consider the factors

considered at the time the waste was listed and all additional factors that could also cause the waste to be hazardous, as required under HSWA. In making final determinations on the petitions, the State must consider comments submitted by the EPA and by the public. The State must notice all final State determinations on these petitions in the State Register. The State must provide notice of final determinations on these petitions to the EPA.

8. The State agrees to maintain a log or file of denials of information requests as required by the Grant. The State must make this log or file available to the EPA during State review.

9. The State agrees to notify the EPA, or the authorized receiving State, within 15-days after determining that a hazardous waste manifest originating in Minnesota was not returned within 45-days of shipment.

10. The State must provide compliance monitoring and enforcement information to the Regional Administrator as specified in the Grant.

D. Site Visits

The EPA 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 the EPA's regulatory development efforts. Whenever the EPA determines that it needs to obtain certain information, the EPA agrees to first seek to gain this information from the States. The State agrees to supply the Regional Administrator with this information if it is readily available and as resources allow. If the State is unable to provide sufficient information, the EPA may conduct a special survey or perform information collection site visits. The EPA must notify the State at least 7-days in advance and invite the State to participate in the site visit. The EPA must share with the State any reports developed by the EPA as a result of such information collection.

E. 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 must immediately notify by telephone the other parties to this Agreement of the existence of such situation.

Either the State or the EPA may take immediate enforcement action to abate any imminent and substantial endangerment to human health or the environment. The provisions of this section during emergency situations supersede any requirements for routine notice prior to inspections or enforcement actions set forth in Section VII of this Agreement. However, the parties agree to immediately notify the other party by telephone when action to abate such imminent hazard is planned or taken. The telephone call must be followed with written confirmation within 5-working days of the call.

The EPA must contact the State at its 24-hour emergency and spills telephone number 651-649-5451 or 800-422-0798; or its TTY 24-hour emergency number: 651-297-5353 or 800-627-3529. The State must contact the EPA's Emergency Response Branch during normal working hours.

6F. Confidentiality

I. Any information obtained or used in the administration of the State program shall be available to the EPA upon request without restriction. If the information has been submitted to the State under a claim of confidentiality, the State must submit that claim to the EPA when providing information. Any information obtained from the State which is subject to a claim of confidentiality must be treated in accordance with the regulations in 40 CFR Part 2, Public Information.

2. The EPA agrees to furnish to the State information in its files which is not submitted under a claim of confidentiality and which the State needs to implement its program. The EPA will release confidential information only to States with confidentiality provisions equivalent to 40 CFR Part 2. Subject to the conditions in 40 CFR Part 2, the EPA must furnish to the State information submitted to the EPA under a claim of confidentiality which the State needs to implement its program. All information the EPA agrees to transfer to the State must be transferred in accordance with the requirements of 40 CFR Part 2. The EPA must notify affected facilities when such information is sent to the State. The State must handle such information consistent with its authorized program.

G. Delisting

The State must send a copy of the delisting petition, and all subsequent revisions, to the EPA within 15-days of receipt. Please consult the Enforcement and Compliance document flow table, attached to the Grant, for additional information on delisting documents that the State should share with the EPA.

H. Notification

The EPA and the State have jointly decided that the State will assign all EPA I.D. numbers and enter all notification data into the EPA's RCRA Info data system. If the applicant sends a notification form (8700-12 or equivalent) directly to the EPA, the EPA will forward the form to the State for the assignment of an I.D. number within 30 days of receipt. If the State receives a notification form from the EPA or from the applicant, the State will assign an I.D. number to the applicant and inform the applicant of its number.

I. Variances and Waivers

The State must obtain concurrence from the Regional Administrator on all variances to assure that the State program is as stringent as the federal program. The EPA agrees to evaluate these requests for concurrence within 45-days of receipt. The State must send all public notices of intent to issue variances or waivers to the EPA within 14-days of issuance. The State must transmit a copy of all variance or waiver approvals to the EPA within 10-days of issuance.

J. RCRA Data Management

1. The State agrees to use, maintain, and enter data into, the national RCRA data management system "RCRA Info."

2. The State is responsible for the correctness of the data it enters. The State must promptly correct any State data errors generated by the merge procedure. The State must provide all

7core data, as defined by EPA Headquarters, plus non-core data as agreed to with Region 5

program offices. The EPA is responsible for the correctness of the data it enters and must promptly correct any data errors that the EPA has created.

3. The State will make core data available for the national RCRA data management system as established in its current agreement with the EPA.

4. The State must collect Biennial Reporting data and provide the data to the EPA for loading into the national Biennial Report System (BRS) according to the schedule promulgated by EPA Headquarters, and the schedule in the Grant.

5. The EPA must maintain and correct all EPA data entered in RCRA's corrective action module prior to the State's authorization for HSWA corrective action.

6. The EPA must inform the State promptly when changes are made to the RCRA data system that might affect the State's ability to share RCRA data. The EPA must provide the State with consulting and training for RCRA data systems as resources allow.

7. The EPA must help the State maximize the usefulness of RCRA and BRS data by enhancing existing report programs or writing new programs to fit specifications of the State. These reports must be available from the EPA computer system. The EPA must also assist the State in resolving BRS data quality problems according to the schedule promulgated by EPA Headquarters.

8. Both parties will use the RCRA Info change management process which incorporates input from all states, all EPA regional offices and EPA Headquarters before implementation of any significant change.

9. To improve communication, each party agrees to provide electronic text and data files to the other in compatible, universal (such as RTF or ASCII), or easily convertible formats to the extent possible. Each also agrees to use filename and extension conventions and to identify the software formats and versions of files for exchange.

V. PERMIT ISSUANCE

A. EPA Permitting

Upon authorization of the State program, the EPA must suspend issuance of federal permits for hazardous waste treatment, storage, and disposal facilities for which the State is receiving authorization. If the EPA promulgates standards for additional regulations mandated by HSWA, that are not covered by the State's authorized program, the EPA must 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 the EPA promulgates new standards requiring a permit modification, then the 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, the EPA must suspend issuance of federal permits in the State. The EPA must transfer any pending permit applications, completed permits or

8pertinent file information to the State within 30-days of the approval of the State program in

conformance with the conditions of this Agreement.

The State and the EPA have agreed to a joint permitting process (see section V, item D of this Agreement) for the joint processing and enforcement of permits for those provisions of RCRA for which the State does not have authorization. As the State receives authorization for additional provisions of RCRA, the EPA must suspend issuance of federal permits in the State for those provisions.

B. EPA Overview of State Permits

While the EPA may comment on any permit application or draft permit, the EPA's overview function must focus primarily on those facilities identified by the State and the EPA in the State's Multi-Year Permit Strategy, the Grant, and the State's Program Description.

The EPA may comment in writing on any draft permit or proposed permit modification, 45-days of its receipt, whether or not the EPA commented on the permit application. Where the EPA indicates in a comment that issuance, modification, re-issuance, termination or denial of the permit would be inconsistent with the approved State program, the EPA must include in the comment:

a. a Statement of the reasons for the comment (including the section of Minnesota Statutes or Minnesota Rules that supports the comment), and

b. The actions that should be taken by the State in order to address the comment (including the conditions which the permit would include if it were issued by the EPA).

The EPA must send a copy of its written comments to the permit applicant.

Under Section 3008(a)(3) of RCRA, the EPA may terminate a State-issued permit in accordance with the procedures of 40 CFR Part 124, Subpart E. The EPA may also bring an enforcement 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, the EPA must observe the conditions established in 40 CFR 271.19(e) and any other applicable authorities.

C. State Permitting

The State 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 must do so in a manner consistent with RCRA as amended by HSWA, this Agreement, all applicable federal requirements, and the State's Program Description.

The State agrees to issue, modify and reissue all permits subject to the authorized portions of the State's program in accordance with Minnesota Rules, Parts 7001.0010 to 7001.0210 and 7001.0500 to 7001.0730, and to include as permit conditions all applicable provisions of those rules. The State's authority to issue, modify, and reissue permits is Minnesota Statutes § 115.03, subdivision 1, paragraph (e) and § 116.07, subdivision 4a. The State agrees to include in permits a condition requiring the permittee to reapply for a permit as required by 40 CFR Part 270.30 (b). The State agrees to comply with the requirements of 40 CFR Part 270.32 (a), (b), and (e) with regard to permit conditions. The State agrees not to extend the term of a permit by modification
9beyond the 10-year maximum duration allowed by the EPA. This Agreement also applies to

permits issued after final authorization but for which the processing may have begun before final authorization.

The State agrees that any compliance schedules contained in permits it issues must require compliance with applicable standards as soon as possible.

The State agrees to consider all comments the EPA makes on permit applications and draft permits. The State must satisfy or refute the EPA's concerns on a particular permit application, proposed permit modification, or draft permit in writing before issuing the permit or making the modification.

The State agrees to approve, modify, or disapprove in writing closure plans and post-closure care plans submitted in accordance with Minnesota Rules, Parts 7045.0486 or 7045.0490 (facility standards), or 7045.0594 or 7045.0600 (interim facility standards), within 90-days of receipt. The State agrees to approve or modify within 60-days of receipt those plans submitted to address original disapproval issues.

The State agrees to provide a 30-day public notice prior to holding a public information meeting pursuant to Minnesota Rules, Parts Parts7045.0486 or 7045.0490 (facility standards), or 7045.0594 or 7045.0600 (interim facility standards). The State agrees to include in each draft and final permit a Statement that alerts the permittee to the conditions under which the permit will be considered a RCRA permit. It will only be considered a RCRA permit when the EPA takes final action on requirements established pursuant to HSWA, or, in cases where the EPA has made a written determination that no HSWA requirements apply to a facility, a Statement of this fact and that the permit is a RCRA permit.

D. Joint Permitting Process

Pursuant to Section 3006(g)(1), and in accordance with RCRA, as amended, the EPA has the authority to issue or deny permits or those portions of permits to facilities in Minnesota for the requirements and prohibitions in or stemming from RCRA, until the State's program is amended to reflect those requirements and prohibitions and authorization is received for the portion or portions of the program.

The EPA and Minnesota hereby establish this joint permitting process for the issuance of RCRA permits in Minnesota. This joint permitting process is established in accordance with Section 3006(c)(3) of RCRA. The administrative details of the joint permitting process must be incorporated into the Grant. The duties and responsibilities of the EPA and the State for joint permitting, including work sharing agreements, must also be specified in the Grant.

The details of the joint permitting process, as contained in the Grant, may be reviewed and revised as often as necessary, but no less often than annually to assure its continued appropriateness.

The HSWA permitting activities for which the State is currently responsible as part of the joint permitting process include:

1. Waste minimization;

102. Corrective action, including:

a. Environmental significance screening;

b. Review of facility management plans;

c. RCRA facility assessments;

d. Review of permit language, including schedules of compliance;

e. Permit issuance; and

f. Review and approval of all corrective action work products required by permits or orders, including RCRA facility investigation plans and reports, corrective measures study plans and reports, and corrective measures implementation.

3. Land disposal restrictions, with the exception of some waste codes (MN Rule incorporated federal lists of waste by reference; State responsibility for these waste codes pending the EPA's equivalence determination);

4. Toxicity characteristics; and

5. Organic air emissions, with the exception of Subpart CC (MN Rule incorporated Subpart CC by reference; State responsibility for permit pending the EPA's equivalence determination).

The EPA remains responsible for all HSWA permit provisions for which the State has not received authorization.

Upon authorization of the State for any of the provisions of RCRA, the specifics of the Joint Permitting Agreement as set in the Grant must be amended to reflect the authorization. Amendment of this Agreement or the execution of a separate agreement may be required for authorization of any of the provisions of HSWA.

VI. PERMIT ADMINISTRATION

A. EPA

The EPA must administer the RCRA permits or portions of permits it has issued to facilities in the State until they expire or are terminated. The EPA must be responsible for enforcing the terms and conditions of the federal permits while they remain in force. The EPA and the State agree to closely coordinate inspections, enforcement, and other permit-related activities in this interim period. When the State either incorporates the terms and conditions of the federal permits in State RCRA permits or issues State RCRA permits to those facilities, the EPA must terminate those permits pursuant to 40 CFR Part 270, and rely on the State to enforce those terms and conditions subject to the terms of an acceptable State/EPA enforcement agreement. The concurrence of the permittee is necessary for this action. See the Joint Permitting Agreement, Section V, Item D. of this Agreement.

After the State receives authorization for the relevant HSWA provisions, the EPA agrees to terminate any hazardous waste permit issued by the EPA prior to the effective date of this

1 1Agreement once the State has issued or denied an equivalent State permit, if the permittee agrees to

such termination.

B. State

The State's authority to issue or deny hazardous waste permits is in Minnesota Statutes § 115.03, subdivision 1, paragraph (e), and § 116.07, subdivision 4a. Rules governing the State permit process and State hazardous waste facilities are found in Minnesota Rules, Chapters 7001 and 7045, respectively.

The State must notify the EPA of any permits not equivalent to federal permit requirements, including any permits that have been issued but are pending administrative or judicial appeal. Except for these non-equivalent permits, once the EPA has determined that the State has fulfilled the requirements of 40 CFR Part 271.13(d), the EPA must terminate the applicable federal permit, or federal portion of the permit, pursuant to the procedures in 40 CFR Part 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, the EPA must administer and enforce its permit until it expires or is terminated.

Upon the effective date of an equivalent State permit, the EPA must terminate the federal permit pursuant to 40 CFR Parts 271.8(b)(6) and 124.5 (d). The EPA must 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 the EPA's right 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 a hazardous waste or constituent. Before conducting an inspection of a generator, transporter or facility, the Regional Administrator must normally give the State at least 14-days written notice of the intent to inspect in accordance with 40 CFR Part 271.8(b)(3)(i), and must invite the State to participate in the inspection. If the State performs a compliance inspection and submits to the EPA a report and data relevant thereto within that time, no EPA inspection will be made, unless the Regional Administrator deems the State report and data to be inadequate. In case of an imminent hazard to human health and the environment, the Regional Administrator may shorten or waive the notice period. The 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.

12The frequency of EPA oversight and training inspections must be specified in the Grant. The EPA

must negotiate on an annual basis with the State the number or percentage of the State's compliance inspections on which the EPA may accompany the State. Normally, the EPA may accompany the State on no more than 5-percent of the State's compliance inspections.

The EPA may take enforcement action against any person determined to be in violation of RCRA in accordance with Section 3008(a)(2). Prior to issuing a compliance order under Section 3008(a) the EPA must give notice to the State. This notice must be in writing. The EPA retains its rights to issue orders and bring actions under Sections 3008(h), 3013 and 7003 of RCRA and any other applicable federal statute. The EPA also retains its right to inspect under 3007 or RCRA, and any other applicable federal statute.

After notice to the State, the 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, the 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 Regional Administrator, 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 Part 271.15). As part of this program, the State must conduct inspections to assess compliance with generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all other program requirements. The EPA has designated the State as the EPA's representative under RCRA 3007. The State agrees to inspect EPA permitted facilities. Both parties must specify compliance monitoring activities and priorities in the Grant.

The State agrees to take timely and appropriate enforcement action as defined in the 1996 Hazardous Waste Enforcement Response Policy against all persons in violation of the standards. These standards include generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all other program requirements, including violations detected by State or federal compliance inspections. The State must maintain procedures for receiving and ensuring proper consideration of information about violations submitted by the public.

Appropriate State enforcement response may include not more than two warning letters for any violation, followed by timely initiation and prosecution of enforcement proceedings which may be, as determined on a case-by-case basis, administrative or judicial in nature. Any civil penalty assessed, sought, or agreed upon by the State shall be appropriate to the violation, as defined in 40 CFR Part 271.16 (c)

The State agrees to provide the EPA with copies of reports on data resulting from any compliance inspection and subsequent enforcement actions, when the EPA requests such copies. The State agrees to retain all records for at least 3-years unless there is an enforcement action pending. In that case all records must be retained until such action is resolved.

13VIII. 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. The State agrees to make certain materials routinely available without a formal information request pursuant to the Federal Freedom of Information Act, 5 United States Code 552(a)(2). 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 must also be made available. Examples of such records are press releases, copies of speeches, pamphlets, and educational materials.

The State must maintain all non-confidential information either in files which are readily accessible or in the State's library or public information office. The type of information that must be held in the public information office is information on activities that are under official public notice, of active public interest, or materials for routine public distribution, such as press releases, speech transcripts, pamphlets and educational materials. The types of information that must be available in the library are State rules, published reports and administrative staff manuals. Access to the files must be readily available and must provide non-confidential information on facilities, State policy and previous opinions or orders in case adjudication.

2. The State agrees to make reasonable efforts to assist a requestor in identifying records being sought, and to help the requestor formulate his or her request. Reasonable efforts include maintaining information in accessible locations at the State offices, providing access to computerized information and instructing staff to assist in the location and retrieval of specific information.

3. If a request for information is denied, the State agrees to provide the requestor the basis for the denial and to notify the requestor of any State judicial, administrative procedures, or statutes of limitation.

4. The State agrees to make the fullest possible disclosure of records to the public, except where the record would qualify for any of the exemptions under the Federal Freedom of Information Act, 5 U.S.C. 552(a)(2), if such exemption is recognized by the State.

145. The State does not generally charge a fee to provide copies of information to the public and to

the press. However, when a document or other item is unusually large, the State may either charge for the minimum cost of copying the material or may provide the requestor with access to the material allowing the requester to make their own copies. The State will consider reducing or waiving fees if it determines that a reduction or waiver of the fee is in the public interest. The State is in the process of converting its paper files to an entirely electronic system. As a result, in the next few years, requests for transfers of information are more likely to be satisfied using an electronic format.

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 State agrees to notify the requestor of the confidentiality claim within the maximum 20-day time limit provided for an agency response. In addition, the requestor must be told that the request was initially denied in order to resolve the business confidentiality claim.

D. Oversight

1. The State agrees to keep a log of denials of requests for information (or a file containing copies of denial letters sent to requestors) which must be made available to the EPA during the State review.

2. The State agrees to keep the EPA fully informed of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities, as applied to Section 3006(f).

IX. CORRECTIVE ACTION

A. State Role.

The State 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 State will, to the extent practicable:

1. Embrace flexible, practical, results-based approaches that focus on control of human exposure and contaminated groundwater migration in the short term, with final cleanup being the long term goal;

2. Provide ready public access to information and meaningful opportunities for public involvement in 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. (See attached)

15B. EPA Role.



### The 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.

STATE OF MINNESOTA



### By: Date: PCommissioneri3g

- sfoner Minnesota Pollution Control Agency

U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 5



### By: Date: Dr. Susan Hedman, Regional Administrator U.S. Environmental Protection Agency, Region 5

16Ite Item Description State Action EPA Action

m New and revised Part A application Copy to EPA with Review and become monthly submittals familiar with 1 document
a) LDF Operating Permit Part Bs, and Copy to EPA Review and become subsequent revisions within 30 days of familiar with b) Combustion Operating Permit Part Bs, receipt. documents. including trial burn plans, and subsequent Comment as revisions, and risk assessment protocols appropriate at State and risk assessments request c) Subpart X Part B's, risk assessment 2 protocols, and risk assessments
Copies of warning letter and first Notice of Copy to EPA with Review for HSWA 3 Deficiency (NOD) for all TSDFs monthly submittals applicability, e.g. CC.
Copies of 2nd and subsequent NODs/Order Send draft 30 days Comments, if any, for facilities in item 2. prior to issuance if w/in 30 days of
comments receipt requested; final 4 when issued.
Completeness determinations for all Send 30 days prior Monitor progress. TSDFs to issuance Comments, if any, due within 30 days of 5 receipt.
Draft permits and draft modifications for Send to EPA 30 Comment to State TSDFs in item 2, with fact sheets and days before start of w/in 30 days of public notices public comment receipt. 6 period.
Draft permits and draft modifications for Copy to EPA with Review and comment all other TSDFs, with fact sheets and monthly submittals to State/facility if public notices cursory review 7 indicates problems. Final permits and final modifications for Copy to EPA with Review if EPA 8 all TSDFs, and notices of permit denials monthly submittals commented on draft. Emergency Permits Notify EPA by Monitor situation. telephone ASAP, then send copy of permit with 9 monthly submittal

17a) Clean Closure Plans for LDFs Send to EPA with Become familiar with

b) Closure Plans for Tank Units monthly submittals plans, particularly clean closure 10 submittals

Closure Plan NODs for item 10 facilities Copy to EPA with Review and provide monthly submittals comments to State, if 11 requested.
Closure Plan public notices, approval Copy to EPA with Comment during letters and closure acceptance letters for all monthly submittals public comment 12 TSDFs period.
Closure equivalency petitions and all Copy to EPA with Review and provide associated documents monthly submittals comments to State during comment

• 13 period.
Other documents at State's request Per State schedule Assist State to maximum extent 14 possible.

•Item Item Description State Action EPA Action

Visual Site Inspection notification letters cc: EPA Review letter or sent to facilities supply standard letter for State use. Accompany State, if 1 appropriate.
Final RFA Reports sent to facilities Copy to EPA Review if EPA 2 commented on draft.

Final EI evaluations Send to EPA Review if EPA 3 commented on draft
Notices of Technical Inadequacy (NOTIs) Copy to EPA EPA review, if and NOVs and Orders on Corrective requested. 4: Action Documents in item 7
Remedy Selection Documents (Permit Copy to EPA EPA review, if modifications, Orders, SOBs, etc.) requested.

5Item Item Description State Action EPA Action

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

, For all inspections / inspections of Available for file review. Monitor State Action for Significant Non-Compliers (SNCs), copies timeliness and of inspection reports, and any follow-up appropriate reports, warning letters, NOVs, and action. 3 administrative orders, etc.

Notice of Intent to receive hazardous [foreign source notices waste from a foreign source pursuant to 40 go only to the EPA] 5 CFR 265.12

Notification of State that EPA will take Receive notification and Notification prior to enforcement action take appropriate issuing 3008(a) Order response, if required by telephone and /or writing within a specified 6 time frame
Notification of EPA of any determination State notifies EPA EPA reviews per off-site that a CERCLA off-site facility is a SNC or within 30 days of rule, consults with State, may be posing significant threat to public determination and takes appropriate health, welfare or the environment or action. otherwise affect the satisfactory operation 7 of the facility.
For all TSDFs receiving CERCLA off site Available for file review. EPA reviews per off-site waste, Inspection Reports, NOVs, Orders, rule, consults with State, Civil and or Criminal actions and corrective and takes appropriate action requirements when significant action. RCRA violations occur and a formal 8 enforcement response is initiated.
Draft and final delisting decisions, where Send draft to EPA 30 EPA review and provide State is authorized for delisting days before public comments to State notice. Send final within 30 days of receipt decision to EPA 15 days of draft decision. EPA before mailing to notify State before State applicant mails final decision to applicant if EPA finds serious technical 9 deficiencies.
Citizen concerns referred to State by EPA State investigate and EPA refer to State. report results to EPA w/in 90 days of referral 10 from EPA.OPTIONAL For States with Corrective Action



### Top-Ten EPA Office of Solid Waste References for RCRA Corrective Action This list represents EPA's "top-ten" recent and/or commonly used guidance documents that individuals should be aware of and turn to for guidance on implementing RCRA corrective action. This list is not all-inclusive; there are other EPA guidance documents that may be appropriate at a specific facility. Program implementers should recognize that guidance documents do not substitute for EPA's statutes or regulations; furthermore, certain guidance documents may not apply to a particular situation based upon the circumstance. In the future, EPA may change existing guidance and develop new guidance as appropriate. These top-ten items are listed in reverse chronological order. A more comprehensive list of corrective action related guidance is available at http://www.epa.gov/epaoswer/hazwaste/ca/resource/guidance.htm

EPA, 2001. RCRA Cleanup Reforms II: Fostering Creative Solutions (EPA530-F-01-01; January 2001). Available at http://www.epa.gov/epaoswer/hazwaste/ca/reforms/reforms2.pdf

EPA, 2000. Institutional Controls: A Site Manager's Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups. OSWER Policy Directive 9355.0-74-FS-P. Available at http://www.epa.gov/epaoswer/hazwaste/ca/resource/guidance/ics/icfactfinal.pdf.

EPA, 1999. Corrective Action for Solid Waste Management Units at Hazardous Waste Management Facilities (64 FR 54604, October 7) - [partial withdrawal of proposed Subpart S regulations]. Available at http://www.epa.gov/epaoswer/hazwaste/ca/resource/guidance/gen_ca/withdrwl.htm

EPA, 1999. RCRA Cleanup Reforms (EPA530-F-99-018; July 1999). For more information, refer to http://www.epa.gov/epaoswer/osw/factsheetl.pdf

EPA, 1999. Use of Monitored Natural Attenuation at Superfund, RCRA Corrective Action and Underground Storage Tank Sites (April 21). OSWER Policy Directive 9200.4-17P. Available at http://www.epa.gov/swerustl/directiv/d9200417.htm

EPA, 1999. Interim Final Guidance for RCRA Corrective Action Environmental Indicators (February 5). Available at www.epa.gov/epaoswer/osw/ei_guida.pdf

EPA, 1998. Management of Remediation Waste Under RCRA (EPA530-F-98-026). Available at http://www.epa.gov/epaoswer/hazwaste/ca/resource/guidance/remwaste/pspd_mem.pdf http://www.epa.gov EPA, 1996. Memorandum from Steven A. Herman and Elliott P. Laws to RCRA/CERCLA Senior Policy Managers titled, "Coordination between RCRA Corrective Action and Closure and CERCLA Site Activities" (September 24). Available at http://www.epa.gov/epaoswer/hazwaste/ca/resource/guidance/gen_ca/coordmem.pdf http://www.epa.gov/swerffrr/doc/924memo.htm EPA, 1996. Advance Notice of Proposed Rulemaking (61 FR 19432, May 1). Available at http://wvvw.epa.gov/docs/fedrgstr/EPAWASTE/1996/May/Day_01/pr_547.pdf EPA, 1994. RCRA Corrective Action Plan. OSWER Directive 9902.3-2A. Available at http://www.epa.gov/epaoswer/hazvvaste/ca/resource/guidance/genca/rcracap.pdf

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