MEMORANDUM OF AGREEMENT BETWEEN 

THE STATE OF IDAHO 

AND 

THE UNITED StATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

I. GENERAL 

This Memorandum of Agreement (hereinafter "Agreement") establishes policies, 

responsibilities, and procedures pursuant to 40 CPR 271.8 for the State of Idaho Hazardous 

Waste program (hereinafter "State Program") authorized under Section 3006 of the Resource 

Conservation and Recovery Act (hereinafter "RCRA or "the Act") of 1976 (42 USC 6901 et 

seq.), as amended (Public Laws 94-580,96-482,98-616), and the United States Environmental 

Protection Agency (hereinafter 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 and, pending State authorization, 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 Administrator of the Division of Environmental 

Quality, Idaho Department of Health and Welfare (hereinafter "DEQ Administrator" or "the 

State") and the Regional Administrator, EPA Region 10 (hereinafter "Regional Administrator" 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 CPR 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 at least once a year (and other times as 

appropriate) during preparation of the annual State Grant workplan or Performance Partnership 

Grant (hereinafter "Grant"), in connection with grant funding under section 3011 of RCRA. 

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

consistency with State program modifications made or for any other purpose mutually agreed 

upon. Any revisions or modifications to this Agreement must be in writing and must be signed 

by the State and the Regional Administrator. This Agreement will remain in effect until such 

1. Revised 7-30-01 
time as State program authorization is withdrawn by or is voluntarily transferred to EPA 

according to the criteria and procedures established in 40 CPR 271.22 and 40 CPR 271.23. G 

This Agreement is being revised because the State is submitting a revised authorization 

application. This Agreement shall be signed by the State and the Regional Administrator and 

shall become effective after being signed by both parties. This Agreement shall replace the 

Agreement dated September 17, 1996, effective October 6,1998. 

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 guidance.' While 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 and the State to coordinate the implementation of such 

provisions to the greatest degree possible. The State and the Regional Administrator agree to 

maintain a high level of cooperation and coordination between their respective staffs in a 

partnership to assure successful· and effective administration of the 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 written reporting requirements, permit overview, compliance and enforcement overview, 

and annual review of the State's programs. 

1 These policies and guidance include, at a nun i.mum, the OSWER Consolidated 

Guidance; the Office of Enforcement and Compliance Assurance MOA guidance; RCRA 

Civil Penalty Policy dated October 26, 1990; National Criteria for a Quality 

Hazardous Waste Program; revised Hazardous civil Enforcement Response Policy 

(April, 15, 1996); and the EPA Policy on Performance Based Assistance (May 31, 

1985); and the May 1, 1996 Advanced Notice of Proposed Rulernaking 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 Minori ty Populations and Lowincome Populations (E. O. 12892, February 11, 1994) i EPA OSWER Environmental 

Justice Action Agenda (EPA 540/R-95/023, 1995). 

2. Revised 7-30-01 
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III. STATE PROGRAM REVIEW 

The Regional Administrator will assess the State administration and enforcement of the 

hazardous waste program on a continuing basis for equivalence and consistency with RCRA, this 

Agreement, and all applicable Federal requirements and policies, and for adequacy of 

enforcement. This assessment will be accomplished by EPA review of information submitted by 

the State in accordance with this Agreement and the State Grant work program, permit overview, 

compliance and enforcement overview, and annual review of State program activities. The 

Regional Administrator 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, and Federal, State and local agencies. Copies of any such comments 

received by the Regional Administrator 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 approved program. EPA agrees that all requests for information will be coordinated in 

advance when possible. Coordination will not subject EPA to State FOIA requirements. 

Program review meetings between the State and the EPA will be scheduled at reasonable 

intervals to review specific operating procedures and schedules, to resolve problems and to 

discuss mutual program concerns. These meetings will be scheduled at least fifteen days in 

advance unless mutually agreed to differently. A tentative agenda for the meeting will be 

prepared by EPA. 

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 Agency Operating 

Year 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. 

IV. INFORMATION SHARING 

A. General 

This Section covers information sharing on miscellaneous elements of the RCRA 

program, including notification, RCRIS 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 the respective information needs of the State and EPA evolve, 

changes to this section of the Agreement or the tables may be appropriate. During the annual 

3. Revised 7-30-01 
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review of this Agreement the State and the Regional Administrator 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: Jeff Hunt, EPA Region 10, 1200 Sixth Ave., WCM-122, Seattle, 

WA 98101. EPA shall send permit and enforcement related information to: Brian Monson, 

Idaho Department of Health and Welfare, Division of Enviromnental Quality, 1410 North Hilton, 

Boise, ill 83706-1255. 

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. 

EPA will share with the State any reports developed by EPA from the data submitted 

through State reporting requirements. 

2.	 EPA will make available to the State other relevant information as requested which the 

State needs to implement its approved program Information provided to the State will be 

subject to the terms of 40 CPR Part 2. 

3.	 The State agrees to inform the Regional Administrator 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 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 irrnnunitieslaws. The 

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

of 40 CPR 271.21, and that until approved by EPA, revisions are not authorized as RCRA 

Subtitle C requirements, however revisions may be enforced under State laws and 

authority but not in lieu of federal RCRA until such time, if any, as EPA has approved 

and authorized such revisions. 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 proteceted 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 Regional Administrator or his or her 

designee, within a mutually agreed upon time frame, as necessary for EPA to carry out its 

oversight responsibilities. 

5.	 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) Midyear and
 

4.	 Revised 7-30-01 
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• End-of-Year reports on the dates set in the Grant and b) Additional reports and 

documents as specified by the Grant. 

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.) 

7.	 EPA agrees to adhere to the schedules in the Grant and the schedules specified by the 

Grant, including the Document Flow Tables. 

B. Site Visits 

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 EPA's regulatory development efforts. Whenever 

EPA determines that it needs to obtain certain information, EPA will first seek to gain this 

information from the States. The State of Idaho agrees to supply the Regional Administrator 

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 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 will share with the State any reports developed by EPA 

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. Ifthe information has 

been submitted to the State under a claim of conftdentiality, the State must submit said 

information to EPA in a manner reasonably anticipated to place EPA on notice of such 

claim of conftdentiality. Any information obtained from a State and subject to a claim of 

conftdentiality will be handled in accordance with the regulations in 40 CFR Part 2, 

Public Information. 

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5.	 Revised 7-30-01 
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2.	 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 EPA will C) release confidential information only to States with confidentiality provisions equivalent 

to 40 CPR Part 2. 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. 

E. Delisting 

The State shall send a copy of any delisting petition, and all subsequent revisions, to EPA 

within 15 days of receipt. Please consult the Enforcement and Compliance document flow table, 

attached to this agreement that contains additional information on delisting documents the State 

will share with EPA. 

F. Notification 

EPA and the State have jointly decided that the State will assign all EPA 1.0. numbers 

and enter all notification data into RCRIS. 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 1.0. 

number within 30 days of receipt. If the State receives a notification form from EPA or from the 

applicant, the State will assign an 1.0. number to the applicant and inform the applicant of its o 

number. 

G. Variances and Waivers 

The State agrees to provide EPA with a copy of each proposed variance and waiver at the
 

time it is received. Within 45 days of receipt, EPA can 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 cominent 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 (l0) days of issuance.
 

H. RCRA Data Management 

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

management systems (currently RCRIS).
 

2.	 The State and EPA share one-RCRIS database, effective October 1, 1998. The State and
 

EPA Regionl 0 are each responsible for the correctness of the data entered by their
 

agency. 

6.	 Revised 7-30-01 o
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3. The State will enter all required RCRA Core data monthly into RCRIS and may submit 

or enter data as agreed between EPA and the State. 

4.	 The State will collect Biennial Reporting data and provide Biennial Reporting System 

(BRS) data that has passed all basic BRS edits to EPA for loading into the national 

BRS according to the schedule promulgated by EPA Headquarters, and the schedule in 

the Grant. 

5.	 EPA will be responsible for maintenance and clean-up of all EPA data entered in the 

RCRIS corrective action module prior to the State's authorization for HSWA corrective 

action. 

6.	 EPA will inform the State promptly when changes are made to RCRIS that might affect 

the State's implementation of RCRIS. EPA will assist the State in RCRIS consulting and 

training as resources allow. 

7.	 As resources allow, EPA will assist the State in developing RCRISIRCRA Info reports. 

8.	 Neither the State nor EPA will unilaterally change its RCRIS implementer system in any 

way without advance consultation with, and agreement of, the other party. 

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9. Both EPA and the State have the right, as implementers of RCRIS, to choose and to 

change their RCRIS hardware platforms to optimize system efficiency, but will not do so 

in such a way as to negatively affect the RCRIS data base, access to the RCRIS data base 

reports, or the potential for updating RCRIS with new data. 

v. PERMIT ISSUANCE 

A. EPA Permitting 

Upon authorization of the State program, EPA will suspend issuance of Federal permits 

for hazardous waste treatment, storage, and disposal facilities for which the State is receiving 

authorization. If EPA promulgates standards for additional regulations mandated by HSWA, that 

are not covered by the State's authorized program, EPA will 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 CPR 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 

issuance of Federal permits in the State. The State and EPA have agreed to a joint permitting 

process (see section V.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. 

• 7.	 Revised 7-30-01 
EPA will transfer any pending permit applications, completed permits or pertinent file 

information 

conformance 

to 

with 

the State 

the conditions 

within forty-five 

of this Agreement. 

days of the approval of the State program in G

B. EPA Overview of State Permits 

While EPA may comment on any permit application or draft permit, EPA's overview 

function will focus primarily on those facilities identified by the State and EPA in the State's 

RCRIS Permitting Six Quarter Plan, annual State Grant Work Program and the State's Program 

Description. 

EPA may comment in writing on any draft permit or proposed permit modification, 

within. forty five days of its receipt, whether or not EPA commented on the permit application. 

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 commentIincluding 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 include ifit were issued by EPA). o 

The State and EPA will usually reach concurrence on permit conditions prior to issuance 

of the draft permit or approval of proposed permit modifications. The DEQ Administrator and 

EPA Regional Administrator agree to meet or confer, within the pennit review period, whenever 

necessary to resolve a disagreement between their staffs on the terms of any State-issued permit. 

EPA shall withdraw such comments ifsatisfied that the State has met its concerns. The State 

agrees to consider all comments EPA makes on permit applications and draft permits. The State 

will satisfy or refute EPA's concerns on a particular permit application, proposed peimit 

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 in
 

accordance with the procedures of 40 CFR Part 124, Subpart E, or 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, EPA will observe the conditions established in 40
 

CFR 271. 19(e).
 

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
 

8.	 Revised 7-30-01 o
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program and shall do so in a manner consistent with RCRA as amended by HSWA, this 

Agreement, all applicable Federal and State requirements, and the State's Program Description. 

In accordance with Idaho Code §39-4409(2), upon authorization interim status or final permits 

issued by EPA prior to State authorization shall be adopted as State interim status [mal permits 

until IDHW 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 §§ 16.01.05.013 the state equivalent to 40 CFR Part 124, the Idaho 

Administrative Procedures Act, Idaho Code § 67-5440-79, Idaho Department of Health and 

Welfare Rules Governing Contested Case Proceedings and Declarartory Rulings, IDAPA 

§§16.05.03 et seq. and to include as permit conditions all applicable provisions of IDAPA §§ 

16.01.05. et. seq. This Agreement also applies to permits issued after final authorization but for 

which the processing may have begun before [mal authorization. 

The State agrees that any compliance schedule contained in any permit issued will require 

compliance with applicable standards within a specified time period. 

D. Joint Permitting Process 

'Pursuant to section 3006(g)(l), and in accordance with RCRA, as amended, EPA has the 

authority to issue or deny permits or those portions of permits to facilities in Idaho for the 

requirements and prohibitions in or stemming from HSWA, until the State's program is amended 

to reflect those requirements and prohibitions and authorization is received for the portion or 

portions ofthe program. 

EPA and Idaho hereby establish this joint permitting process for the issuance of RCRA 

permits in Idaho. This joint permitting process is established in accordance with section 

3006(c)(3) of RCRA. A determination on which sites may require joint permitting will be made 

by the State and EPA, noted in the State Grant Workplan. 

Upon authorization of the State for any of the provisions of RCRA, the specifics of the 

Joint Permitting Agreement as set in the annual State grant work program shall be amended to 

reflect the authorization. Amendment of this Memorandum of Agreement or the execution of a 

separate Memorandum of Agreement may be required for authorization of any of the provisions 

of HSWA. 

VI. PERMIT ADMINISTRATION 

A. EPA 

EPA will administer the enforcement, modification, revocation, reissuance, and. 

termination of those portions of joint StatelEPA permits for which the State does not yet have 

authority, until such time as the State adopts the provisions as a matter of State law and is ..... 

authorized for the provisions by EPA and in accordance with section VI.B of this agreement.:[::::[ 

9. Revised 7-30-01 
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B. State o 

The State agrees to review all hazardous waste permits which 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 anypermits 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 EPA has detemrined 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 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. o 

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 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 

hazardous waste or constituent. Before conducting a civil compliance/enforcement inspection of 

a generator, transporter or facility, the Regional Administrator will normally give the State at 

least seven days notice of the intent to inspect in accordance with 40 CFR 271. 8(b)(3)(i). In case 

of an imminent hazard to human health or the environment, the Regional Administrator 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. 

Under current Region 10 policy, if the State makes notice to EPA that an inspection will 

be made, with an inspection report provided, no EPA civil inspection will be made, unless the 

10. Revised 7-30-01 o
Regional Administrator deems the State actions to be inadequate or the Regional Administrator 

has reason to believe there is an imminent and substantial endangerment to human health or the 

environment; however, notwithstanding the above policy and as required by 40 CPR 271.8(b)(5) 

no limitations on EPA compliance inspections of generators, transporters, or non-major HWM 

facilities under 40 CPR 271.8(b)(4) shall restrict EPA's right to inspect any generator, 

transporter, or HWM facility which it has cause to believe is not in compliance with RCRA, and 

as required by 40 CFR 271.8(b) this policy shall not restrict EPA's authority to inspect major 

HWM facilities. Before conducting a civil inspection, EPA will allow the State a reasonable 

opportunity to conduct a compliance evaluation inspection. 

The frequency of EPA oversight and training inspections will be specified in the annual 

State grant work program, .EPA will negotiate on an annual basis with the State the number or 

percentage of the State's compliance inspections on which EPA will accompany the State. 

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

RCRA in accordance with section 3008. EPA will 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 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 TSD facilities (see 40 CPR 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. Compliance monitoring activities and priorities will be 

specified in the Office of Enforcement and Compliance Assurance's bi-annual MOA guidance 

and 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, TSD and generator inspections will be negotiated in the annual grant 

workplan. . 

11. Revised 7-30-01 
Individuals in the State program may be designated by the Regional Administrator as 

EPA 

violations 

representatives 

of the terms and 

under 

conditions 

section 3007 

of 

of 

Federal 

RCRA, 

permits. 

so that they can 

Designations 

inspect 

with 

facilities for 

respect to section o 

3007 of RCRA will be negotiated in the annual grant workplan or at other times upon mutual 

agreement of both parties. 

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 

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 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 staffmanuals 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. 

2.	 The State Agency agrees to make reasonable efforts to assist 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 State agrees to provide the requestor the basis 

for the denial and to notify the requestor of any State judicial, administrative procedures, 

12.	 Revised 7-30-01 
or statutes of limitation in accordance with the Idaho Public Records Act, Idaho Code § 

9-337, et seq. 

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 Idaho Public 

Records Act, Idaho Code § 9-337, et seq. or under the Federal Freedom of Information 

Act, 5 U.s.c. 552(a)(2), ifsuch exemption is recognized by the State. 

5.	 A reduction or waiver of fees will be considered in connection with each request from a 

representative of the press or other communication medium, or from a public 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 § 9-335 et seq.,the State agrees to 

determine whether a record constitutes a trade secret pursuant to Idaho Code § 9-340(2) within 

three (3) days, or, upon notice to the requestor not longer than ten (10) days from receipt of a 

request for such a record. Records which have not been claimed as trade secrets by a business at 

the first opportunity at or near the time of submission or collection and have not been subject of 

reasonable effort to maintain secrecy, and are not trade secrets within the meaning of Idaho Code 

§ 9-340(2) will be released upon request without further notice to the business. 

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 will be made available to EPA during
 

the State review.
 

2.	 The State agrees to keep 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). 

STATE OF IDAHO U .S. ENVIRONMENTAL PROTECTION AGENCY 

DE FHEATH & REGION 10 

REGIONAL iMI'STRATOR 

DATE e I I () ( 

13.	 Revised 7-30-01 
I 

BASE PERMITTING DOCUMENT FLOW
 

BETWEEN EPA AND IDAHO DEQ.
 

I~
 

Item Itern Description State Action EPA Action 

1 New and revised Part A application Copy to EPA Review and become 

familiar with 

document 

2 a) LDF Operating Permit Part Bs, and 

subsequent revisions 

b) Combustion Operating Permit Part Bs, 

including trial burn plans, and 

subsequent revisions, and risk 

assessment protocols and risk 

assessments 

c) Subpart X Part B's, risk assessment 

protocols, and risk assessments 

Copy to EPA 

within 30 days of 

receipt. 

Review and become 

fanilliar with 

documents. 

Comment as 

appropriate at State 

request 

3 Copies of warning letter and first Notice 

of Deficiency (NOD) for all TSDFs 

Copy to EPA Review for HSWA 

applicability, e.g. Cc. 

4 Copies of 2nd and subsequent 

NODs/Order for facilities in item 2. 

Send draft 30 days 

prior to issuance if 

comments 

requested; final 

when issued. 

Comments, if any, 

wlin 30 days of 

receipt 

5 Completeness determinations for all 

TSDFs 

Send 30 days prior 

to issuance 

Monitor progress. 

Comments, if any, 

due within 30 days of 

receipt. 

6 Draftpermits and draft modificationsfor 

TSDFs in item 2, with fact sheets and 

public notices 

Send to EPA 30 

days before start 

of public comment 

period. 

Comment to State 

wlin 30 days of 

receipt. 

7 Draft permits and draft modifications for 

all other TSDFs, with fact sheets and 

public notices 

Copy to EPA with 

monthly 

submittals 

Review and comment 

to State/facility if 

cursory review 

indicates problems. 

15. Revised 7-30-01 . I 
8 Final permits and final modifications for 

all TSDFs, and notices of permit denials 

9 Emergency Permits 

10 a) Clean Closure Plans for LDFs 

b) Closure Plans for Tank Units 

11 Closure Plan NODs for item 10 facilities 

12 Closure Plan public notices, approval 

letters and closure acceptance letters for 

all TSDFs 

13 Closure equivalency petitions and all 

associated documents 

14 Other documents at State's request 

Copy to EPA 

Notify EPA by 

telephone ASAP, 

then send copy of 

permit 

Send to EPA with 

monthly 

submittals 

Copy to EPA 

Copy to EPA 

Copy to EPA 

Per State schedule 

Review if EPA 

commented on draft. 

Monitor situation. 

Become familiar with 

plans, particularly 

clean closure 

submittals 

Review and provide 

comments to State, if 

requested. 

Comment during 

public comment 

period. 

Review and provide 

comments to State 

during comment 

period. 

Assist Stateto 

maximum extent 

possible. 

o
 

16. Revised 7-30-01 

c 

c 
I 

CORRECTIVE ACTION DOCUMENT FLOW 

·~. BETWEEN EPA AND IDAHO DEQ 

Item Itern Description State Action EPA Action 

1 Visual Site Inspection notification letters 

sent to facilities 

cc: EPA Review letter or 

supply standard letter 

for state use. 

Accompany State, if 

appropriate. 

2 Draft RFA Reports generated by State Send to EPA in 

draft form when 

sent to facility for 

comment 

Comments to State 

. wlin 30 days of 

receipt, or tell State 

will not review. 

3 Final RFA Reports sent to facilities Copy to EPA Review ifEPA 

commented on draft. 

4 Final EI evaluations and NCAPS 

worksheets 

Send to EPA Review ifEPA 

commented on draft 

5 Stabilization Evaluation Questionnaires 

(GPRA Universe) 

Copy to EPA Comments, if any to 

State wlin 30 days of 

receipt 

6 All work plans and reports that address 

investigation and cOlTective action 

requirements for SWMU s at facilities 

with high NCAPS ranking. 

Copy to EPA 

unless comments 

requested on 

expedited 

schedule. 

Become familiar with 

documents. 

7 Notices of Technical Inadequacy 

(NOTls) and NOVs and Orders on 

Corrective Action Documents in item 7 

cc: EPA EPA review, if 

requested. 

8 Remedy Selection Documents (Permit 

mods., Orders, SOBs, etc.) 

Copy to EPA 30 

days 

before issuance of 

draft. copy of 

final to EPA upon 

issuance. 

Review and comment 

wlin 30 days of 

receipt of draft. 

Review final for 

conformity to EPA 

comments. 

I 

17. Revised 7-30-01 
ENFORCEMENT AND COMPLIANCE DOCUMENT FLOW· O.';., 

BETWEEN EPA AND IDAHO DEQ (Items in Italics show varying requirements 

between States) 

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. 

2A2 State draft inspection reports for joint 

EPNState inspections prior to 

finalization 

Send to EPA for 

review 

Comment to State 

w/in 15 days of 

receipt. 

2B EPA draft report for joint EPNState 

inspections; EPA fmal inspection 

report for independent inspections 

Review draft EPA 

joint inspection 

report and provide 

comments to EPA 

Final reports to be 

sent to facility with 

cc to State w/in 45 

days after inspect. 

3 For all inspections / inspections of 

Significant Non-Compliers (SNCs), 

copies of inspection reports, and any 

follow-up reports, warning letters, 

NOV s, and administrative orders, etc. 

Send to EPA upon 

issuance / specified 

time frame 

Monitor State Action 

for timeliness and 

appropriate 

action. 

4 All enforcement referrals from district 

offices to central office 

Send copy to EPA (Same as above) 

5 Notice of Intent to receive hazardous 

waste from a foreign source pursuant 

to 40 CPR 265.12 

Send copy to EPA 

upon receipt / within 

5 days of receipt 

Region review and 

take action as 

necessary 

6 Notification of State that EPA will 

take enforcement action 

Receive notification 

and take appropriate 

response, ifrequired 

Notification prior to 

issuing 3008(a) Order 

by telephone and lor 

writing within a 

specified time frame 

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18. Revised 7-30-01 o
7 Notification of EPA of any 

determination that a CERCLA off-site 

facility is a SNC or may be posing 

significant threat to public health, 

welfare or the environment or 

otherwise affect the satisfactory 

, operation of the facility. 

State notifies EPA 

within 5 days of 

determination 

EPA reviews per offsite rule, consults 

with State, and takes 

appropriate action. 

8 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 offsite rule, consults 

with State,and takes 

appropriate action. 

9 Draft and final delisting decisions, 

where State is authorized for delisting 

Send draft to EPA 30 

days before public 

notice. Send fmal 

decision to EPA 15 

days before mailing 

to applicant 

EPA review and 

provide comments to 

State within 30 days 

of receipt of draft 

decision. EPA notify 

State before State 

mails final decision 

to applicant ifEPA 

finds serious 

technical 

deficiencies. 

10 Citizen concerns referred to State by 

EPA 

State investigate and 

report results to EPA 

wlin 30 days of 

referral from EPA. 

EPA refer to State. 

I 19. Revised 7-30-01