XIII.
 

MEMORANDUM OF AGREEMENT
 
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 CFR 271.8 for the State of Idaho Hazardous Waste program (hereinafter "State 

Program") authorized under § 3006 of the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et 

seq. as amended (public Laws 94-580, 95-609,96-463,96-510,96-482,97-272,98-45, and 98-616) (hereinafter 

"RCRA"), and the United States Environmental Protection Agency Regional Office for Region 10 (hereinafter 

"EPA"). This Agreement further sets forth the manner in which the State and EPA will coordinate the State's 

administration and enforcement of the State Program and pending State authorization and EPA's administration 

of the non-delegated provisions of the Hazardous and Solid Waste Amendments of 1984 (HSWA). For purposes 

of this Agreement, references to "RCRA" include HSWA. 

This Agreement is entered into by the Director of the Idaho Department of Health and Welfare 

(hereinafter "Director" or "the State") and the Regional Administrator, EPA Region 10 (hereinafter "Regional 

Administrator" or "EPA"). 

For administrative purposes, the Division of Environmental Quality will serve as lead agency to 

simplify coordination and communication between the State and EPA. Nothing in this Agreement shall be 

construed to restrict in any way EPA's authority to fulfill its oversight and enforcement responsibilities under 

RCRA. Nothing in this Agreement shall be construed to contravene any provision of 40 CFR Part 271. 

The parties will review this Agreement jointly at least once a year (and other times as appropriate) 

during preparation ofthe annual State Grant Work Plan, in connection with grant funding under §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Agreement will remain in effect until such time as State Program authorization is withdrawn by or is voluntarily 

transferred to EPA according to the criteria and procedures established in 40 CFR 271.22 and 40 CFR 271.23 

or until replaced by a revised Agreement signed by the Director and the Regional Administrator. 

This Agreement shall be executed by the Director and the Regional Administrator and shall replace 

the Memorandum of Agreement dated March 25, 1992. 

II. POLICY STATEMENT 

Each of the parties to this Agreement is responsible for ensuring that its obligations under RCRA are 

met. The State has primary responsibility for implementing the authorized provisions of the RCRA hazardous 

waste program within its boundaries. EPA retains its responsibility to ensure full and faithful execution of the 

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requirements of RCRA, including direct implementation of those HSWA provisions not yet delegated to the 

State. The Director and the Regional Administrator agree to maintain a high level of cooperation and 

coordination between their respective staffs in a partnership to assure successful and effective administration of 

the State Program. 

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

pursuant to HSWA are applicable in authorized States at the same time that they are applicable in unauthorized 

States with the exception of §§ 3006(f), Availability of Information, which cannot be implemented by EPA in 

authorized States. While EPA retains responsibility for the direct implementation of those provisions of HSWA 

which the State is not authorized to implement, it is the intention of EPA and the State to coordinate the 

implementation of such provisions to the greatest degree possible. 

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

mitigate environmental problems associated with the improper management of hazardous wastes. Oversight will 

be accomplished by EPA through written reporting requirements, permit overview, compliance and enforcement 

overview, national hazardous waste database review, and annual review of the State Program. 

III. STATE PROGRAM REVIEW 

A. General 

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

program on a continuing basis for equivalency and consistency with RCRA, this Agreement, 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 

Plan, permit overview, compliance and enforcement overview, national hazardous waste database review, 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. 

To ensure effective program review, the State agrees to allow EPA access to all files and other 

information requested and deemed necessary by EPA for reviewing State Program administration and enforcement 

subject to any applicable restrictions of the Idaho Public Records Act, Idaho Code § 9-337 et.seq. EPA agrees 

that all requests for information will be coordinated in advance. 

Review of State files may be scheduled at quarterly intervals. Program review meetings between the 

State and EPA will be scheduled at least fifteen (15) days in advance unless agreed to differently. A tentative 

agenda for the meeting will be prepared by EPA. 

B. Identification of Priority Activities 

The State and EPA agree to develop, on an annual basis as a part of the State Grant Work Plan, criteria 

for priority activities, including activities regarding handlers of hazardous waste. These criteria will be based 

on guidance issued by EPA in the annual Agency Operating Year Guidance/RCRA Implementation Plan and other 

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guidance documents as may be appropriate, and will serve to identify those activities which should receive the 

highest priority during the grant period. 

Examples of activities which will be considered high priority will include, but not be limited to, 

facilities to be inspected, facilities to be permitted, and enforcement against facilities with known or suspected 

ground-water contamination. 

IV. INFORMATION SHARING 

A.	 General 

As the national hazardous waste program matures, the respective roles and responsibilities in this 

State/EPA partnership will become more clear. During the annual review of this Agreement the State and EPA 

will carefully examine the following information sharing provisions for needed revisions. 

B.	 EPA 

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 may affect the State 

Program. EPA will also provide general technical guidance to the State. EPA will share with the 

State any national reports developed by EPA from the data submitted through State reporting 

requirements. • 

2.	 The State and EPA have agreed to a joint permitting process (see Section V.D of this Agreement). 

Under this process the State and EPA have established policies and procedures by which each will 

pursue their respective and/or joint responsibilities under HSWA. 

The State and EPA agree to the sharing of information as specified under Section V.D of this 

Agreement and the annual State Grant Work Plan. Specifically included shall be the procedures for 

sharing and coordinating the exchange of information on the following: 

a.	 Part A and Part B permit applications, whether received prior to the effective date of this 

Agreement or subsequent to the effective date of this Agreement and whether first received by 

the State or EPA; 

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

c.	 Copies of draft permits, proposed permit modifications, public notices; 

d.	 Copies of final permits and permit modifications; and 

e.	 Notices of permit denials. 

3.	 EPA agrees to make available to the State copies of any reports and data resulting from compliance 

inspections within sixty (60) days of completion of the inspections. 

4.	 EPA agrees to forward on a monthly basis, notification information from EPA form 8700-12 (including 

newly assigned EPA identification numbers) submitted by persons in the State who file such forms 

after the effective date of this Agreement. This information will be submitted to the Director within 

ten (10) days of the end of each month for the preceding month. 

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5.	 EPA agrees to assign EPA identification numbers to generators and transporters and to owners and 

operators of hazardous waste treatment, storage and disposal facilities submitting notifications after the 

effective date of this Agreement. Pursuant to §3010 and according to agreements between EPA and 

the State, the State is responsible for receiving, processing, and verifying information on notification 

forms (Form 8700-12) and permit applications or Part A permit applications and for forwarding hard 

copies of such information to EPA for the assignment of EPA identification numbers. 

6.	 EPA agrees to assign emergency EPA identification numbers to generators and transporters and owners 

and operators of hazardous waste treatment, storage and disposal facilities submitting notifications after 

the effective date ofthis Agreement. Upon request for assignment of an emergency EPA identification 

number by the State, via facsimile of the notification form, EPA will provide the number to the State 

within twenty-four (24) hours via facsimile or telephone. As follow-up, the State agrees to forward 

a hard copy of the notification information to EPA. 

7.	 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 

CFR Part 2. At the discretion of the Regional Administrator, "made available" may mean temporary 

access in lieu of actual delivery to the State. 

C.	 State 

1.	 The State agrees to inform EPA in advance of any proposed program changes which would affect the 

State's ability to implement the authorized program. 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). The State 

recognizes that program revisions must be made in accordance with the provisions of 40 CFR 271.21, 

and that until approved by EPA, revisions are not authorized as RCRA Subtitle C requirements. 

A Memorandum of Understanding between EPA and the State has been implemented for information 

exchange using the RCRIS system. EPA Identification number assignment capabilities will be 

transferred to the State RCRIS system in the future. Information exchange and agreements will be 

outlined in an amended RCRIS Memorandum of Understanding and RCRIS Standard Operating 

Procedures. 

2.	 Annually, through development of the State Grant Work Plan, EPA and the State will agree on the 

type and frequency of reports the State will make in order for EPA to maintain oversight of the 

implementation of the State's authorized program. Such reporting shall include, but not be limited to, 

the following: 

a.	 Compliance monitoring and enforcement information; 

b.	 Corrective action activity; 

c.	 Information indicating the status of the State's permitting, closure, post-closure, and groundwater monitoring and corrective action activities; 

d.	 Various reports designed to accurately describe the status of the State's authorized program 

including biennial reports summarizing the quantities and types of hazardous waste generated, 

transported, treated, stored and disposed in the state. The State may modify and will transmit 

MEMORANDUM OF AGREEMENT 

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to applicable handlers EPA Biennial Report forms to ensure the format reflects current state 

statutory and/or regulatory authority. 

e.	 State decisions to grant variances, waivers, and delisting requests made by hazardous waste 

handlers. 

3.	 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.) Generally, these issues are addressed during the EPA/State quarterly sites meetings. 

4.	 The State agrees to provide EPA when requested copies of reports resulting from any compliance 

inspections and subsequent enforcement actions such as actions against CERCLA waste receiving 

facilities and federal facilities. 

5.	 The State will make available any pertinent information requested by EPA within a mutually agreed 

upon time frame. Information provided to EPA will be subject to the terms of the Idaho Public 

Records Act, Idaho Code § 9-337 et. seq. At the discretion of the Director, "made available" may 

mean temporary access in lieu of actual delivery to EPA. 

6.	 The State agrees to provide EPA with a copy of each State decision regarding variances, waivers, and 

delisting petitions at the time such requests are granted. The State agrees to provide EPA with a copy 

of each proposed variance, waiver, or delisting submittal at the time it is received. If granting of a 

variance, waiver, or delisting would impair the State's equivalency; i.e., impose standards less 

stringent than RCRA, the EPA will confer with the State to resolve these issues. The State agrees 

not to issue a waiver, variance, or delisting which would render the State Program less stringent than 

that of EPA. 

D.	 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. If additional information is required, EPA will seek to gain this 

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

if readily available and as resources allow. 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. EPA will share with the State any national reports developed by EPA as a result 

of such information collection. 

E.	 Emergency Situations 

Upon receipt of any information indicating 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 other party to this Agreement of the existence of such 

situation. The State shall notify the Director of EPA's Idaho Operations Office [(208) 334-1450]. The EPA shall 

notify the Administrator of the Division of Environmental Quality [(208) 334-5840]. 

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F. Confidentiality 

1.	 Any information obtained or used in the administration of the State Program shall be available to EPA 

upon request without restriction but in accordance with the Idaho Public Records Act, Idaho Code § 

9-337 et. seq. Ifthe information has been declared by the State to be confidential business information 

(CBI), the State must submit that claim to EPA when providing the information. Any information 

obtained from the State and declared CBI will be treated in accordance with the regulations in 40 CFR 

Part 2. 

2.	 EPA agrees to furnish to the State information in its files which is not declared CBI and which the 

State needs to implement its program. All CBI information EPA transfers 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 shall not disclose such CBI information except 

as provided by 40 CFR Part 2 and in accordance with Idaho Code §9-337 et.seq. 

v.	 PERMIT ISSUANCE 

A.	 EPA Permitting 

Whenever EPA adds HSWA permitting standards that are not yet delegated to the State, EPA will 

process and enforce those portions of affected permits in the state until the State receives authorization for those 

HSWA permitting standards. At the time the State is authorized in the new areas, EPA will suspend issuance 

of these Federal permits or permit conditions in the state. 

EPA will also transfer any pending permit applications, completed permits or pertinent file information 

to the State within thirty (30) days of the authorization of the State in conformance with the conditions of this 

Agreement. 

The State and EPA have agreed to a process for joint permitting and enforcement of permits for those 

HSWA provisions for which the State has not yet received authorization from EPA but does have parallel state 

authorities. As the State receives authorization for those HSWA provisions, EPA will suspend issuance of 

Federal permits in the state for those provisions. 

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 Multi-Year Permit Strategy, 

annual State Grant Work Plan and the State's Program Description. 

EPA may comment in writing on any draft permit or proposed permit modification, whether or not 

EPA commented on the permit application, within forty-five (45) days of its receipt. EPA should be notified by 

the State and be allowed at least as long to comment as the public at large; this time period should be tied to the 

State's public participation process. Where EPA indicates in a comment that issuance, modification, reissuance, 

termination or denial of the permit would be inconsistent with the approved State Program, EPA shall include 

in the comment: 

a.	 a statement of the reasons for the comment (including the section of the State or federal law or 

regulations that supports the comment), and 

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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 EPA). 

The State Director and EPA Regional Administrator agree to meet or confer, within the permit review 

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

EPA shall send a copy of its written comments to the permit applicant. EPA shall withdraw such comments when 

satisfied that the State has met or refuted its concerns and shall also provide the permit applicant with a copy of 

such withdrawal. 

Under § 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). 

The State agrees to provide EPA with the following information in the timeline as specified for 

Envirosafe Services of Idaho -- Site A, Envirosafe Services of Idaho -- Site B, Mountain Home Air Force Base, 

the Idaho National Engineering Laboratory Chemical Plant, Blount, and Pressure Treated Timber: 

Copies of facility permit applications, Within fifteen (15) working days 

revisions, additions, and permit of receipt. 

modification requests. 

Copies of NODs, final draft permits, Within fifteen (15) working days 

proposed permit modifications, of completion and at least prior 

public notices, fact sheets. to public notice. 

Copies of final permit or permit Within ten (10) working days of 

modifications. completion. 

Copies of permit appeals, responses Within fifteen (15) working days 

and resolution. of receipt or completion. 

Copies of closure plan approvals, Within ten (10) working days of 

public notices, and permit determinations. completion and at least prior to public 

notice. 

While 40 CFR 271.19 provides specific procedures for EPA review and comment on State-issued 

permits which will be followed at a minimum, the State and EPA further agree to continue technical information 

sharing as follows: 

1.	 The State will, as deemed necessary, request regulatory interpretations and/or draft product 

(permits, closure plans, and corrective action documents) reviews from EPA on non-major as 

well as major facilities. Non-major facilities being other than those identified above. The 

interpretationlreview requests will include a desired timeframe, not less than thirty (30) calendar 

days, within which the State would require EPA's response. 

2.	 EPA will, within the timeframe specified, provide the State an appropriate written response or 

a written notification that additional time is required to complete the request. 

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C. State Permitting 

The State is responsible for drafting, circulating for public review and comment, issuing, 

modifying, reissuing and terminating State-issued permits for those hazardous waste treatment, storage and 

disposal facilities contained in the authorized provisions of the State's program and shall do so in a manner 

consistent with RCRA, this Agreement, all applicable Federal requirements, all applicable State statutes and 

requirements, and the State's Program Description. 

In accordance with Idaho Code 39-4409(2), the granting of interim status or final permits prior 

to State authorization shall be adopted by IDHW as State interim status or final permits until IDHW issues a new 

State permit. The State agrees to issue, modify and reissue all permits contained in the authorized portions of 

the State's program in accordance with IDAPA 16.01.05.013 et seq., the State equivalent to 40 CFR Part 124, 

the Idaho Administrative Procedure Act, Idaho Department of Health and Welfare Rules and Standards, Title 5, 

Chapter 3, "Contested Cases and Declaratory Rulings" and to include as permit conditions all applicable 

provisions oflDAPA 16.01.05.013 et seq. This agreement also applies to permits issued after final authorization 

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

The State agrees to use EPA equivalent permitting procedures contained in IDAPA 16.01.05.012 

and 05.013 in the performance of permit issuance, modification, denial, termination or reissuance. 

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

compliance with applicable standards within a specified time period. The State may issue a variance to a 

permittee under Idaho Code 39-4409(7) and IDAPA 16.01.05.356. 

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 permit modification, 

or draft permit in writing before issuing the permit or making the modification. 

D. Joint Permitting Process 

Pursuant to RCRA § 3006(g)(1), 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 of the State Program. 

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

in Idaho. This joint permitting process is established in accordance with § 3006(c)(3) of RCRA. The details of 

the joint permitting process and the duties and responsibilities of EPA and the State for joint permitting shall be 

incorporated into the annual State Grant Work Plan. 

The details of the joint permitting process as contained in the State Grant Work Plan shall be 

reviewed and revised as necessary, but no less often than annually to assure its continued appropriateness. 

Upon authorization of the State for provisions of HSWA, the specifics of the joint permitting 

process as set in the annual State Grant Work Plan shall be amended to reflect that authorization. 

The State and EPA agree to use state personnel to act on behalf of EPA in exercising the 

administrative lead for all facility-requested permit modifications resulting from a newly promulgated HSWA 

regulation, adopted as a matter of State law, but not yet authorized by EPA. For such permit modifications the 

State shall be responsible for the preparation of all related documents. EPA shall provide written 

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confirmation/agreement on proposals and interpretations resulting from unauthorized HSWA requirements. All 

correspondence and permit modifications resulting from an unauthorized HSWA requirement will be jointly signed 

by EPA and the State. The resulting additional workload to the State will be identified and negotiated in the 

annual State Grant Work Plan and Multi-Year Permit Strategy. 

E. COMPLIANCE WITH 40 CFR 270.3 

Authorization of the State does not relieve EPA of its responsibility for compliance with other 

Federal laws that may apply to the issuance of permits (see 40 CFR 270.3). EPA and Idaho agree to coordinate 

to the greatest degree possible any permit actions to which the following laws may apply: The Wild and Scenic 

Rivers Act, 16 U.S.C. 1273, et seq.; The National Historic Preservation Act of 1966, 16 U.S.C. 470, et seq.; 

The Endangered Species Act of 1966 U.S.C. 1531, et seq. (including the consultation provision of section 7); 

The Coastal Zone Management Act, 16 U.S.C. 1451, et seq.; and The Fish and Wildlife Coordination Act, 16 

U.S.C. 661, et seq. The State agrees to consult with EPA when appropriate to determine the potential 

applicability of these laws to RCRA permit actions. 

VI. PERMIT ADMINISTRATION 

A. EPA 

EPA will administer the enforcement, modification, revocation, reissuance, and termination of 

those portions of joint State/EPA 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. 

B. State 

The State agrees to review all hazardous waste permits which were issued under State law prior 

to the effective date of this Agreement and to modify or revoke and reissue such permits as necessary to require 

compliance with the amended State Program under Idaho Code 39-4409 et seq., Idaho Administrative Procedures 

Act, Idaho Department of Health and Welfare Rules and Standards, Title 5, Chapter 3, "Rules of Practice and 

Procedures" and IDAPA 16.01.05.008 et seq. The State agrees to modify or revoke and reissue these permits 

issued prior to State authorization. 

Pursuant to Idaho Code 39-4409(2), permit requirements contained in either an EPA issued or 

joint EPA/State issued permit shall be adopted and be fully enforceable as State permit requirements prior to and 

after the date of State authorization, whether or not the permit has been reissued as a State-only permit. 

EPA HSWA requirements which govern interim status and permitted facilities that have not been 

incorporated into a permit and which have not been adopted by the State through statute or rules shall continue 

to be enforced only by EPA until such time as the State adopts regulatory authority equivalent to HSWA 

provisions. 

Non-HSWA regulations which may affect permitted as well as interim status facilities shall only 

become effective and enforceable by the State after adoption through the State rule-making process. EPA HSWA 

regulations shall continue to be enforced by EPA only until such time as the State is authorized for those 

regulations. 

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By signing this Agreement, the State will utilize the National Corrective Action Strategy in 

accordance with the annual RCRA Implementation Plan. 

VII. COMPLIANCE MONITORING AND ENFORCEMENT 

A. EPA 

Nothing in this Agreement shall restrict EPA's right to inspect any hazardous waste generator, 

transporter or treatment, storage, and disposal (TSD) 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 an inspection of a generator, transporter or TSD facility, EPA 

will provide the State at least seven (7) days notice of the intent to inspect in accordance with 40 CFR 271. 

8(b)(3)(i). If the State performs a compliance inspection and submits to EPA a report and data relevant thereto 

within that time to EPA, 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 or the environment, the 

Regional Administrator may shorten or waive the notice period. 

TSD facility inspections will be negotiated annually in accordance with the State Grant Work 

Plan and the Compliance Assurance Agreement. The frequency of EPA oversight and training inspections will 

be specified in the annual State Grant Work Plan. EPA will negotiate on an annual basis the number of 

inspections in which EPA will accompany the State. 

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

in accordance with § 3008(a)(2) or upon request by the State. EPA will take 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 § 3008(a) EPA will give notice to the State. EPA also retains its right 

to issue orders and bring actions under § 3008(h), 3013 and 7003 of RCRA and any other applicable Federal 

statute. After notice to the State, EPA may take action under § 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 RCRA § 3008 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 of 

generators, transporters, and TSD facilities, including federal facilities with applicable program requirements (see 

40 CFR 271.15). As part of this program, the State will conduct inspections to assess compliance with generator 

and transporter standards (including manifest requirements), facility standards, permit requirements, compliance 

schedules, and all other program requirements. Compliance monitoring activities and priorities will be specified 

in the Compliance Assurance Agreement and the annual State Grant Work Plan and shall be consistent with all 

applicable Federal requirements and with the State's Program Description. 

The State will inspect on at least a biennial basis, every interim status or permitted non-federal 

TSD facility to enforce compliance with the Idaho Hazardous Waste Management Act, State or jointly-issued 

permits, and all State regulations. TSD facility inspections will be negotiated annually in accordance with the 

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State Grant Work Plan and the Compliance Assurance Agreement. Inspections which reveal violations of EPA 

rules which the State has not yet adopted will be referred to EPA for further action, the exception being for Stateissued warning letters which request compliance of the noted EPA regulations. More frequent inspections may 

be performed at TSD facilities (i.e., land disposal, corrective action) as negotiated in the annual State Grant Work 

Plan process. 

Individuals in the State Program may be designated as EPA representatives under § 3007 of 

RCRA so that they can inspect EPA permitted facilities for violations of the terms and conditions of Federal 

permits. 

The State agrees to take timely and appropriate enforcement action in accordance with specific 

timelines as projected in the Compliance Assurance Agreement or annual State Grant Work Plan 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. 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 

such action is resolved. 

VIII. AVAILABILITY OF INFORMATION (§§ 3006(1)) 

A. General 

Section § 3006(t) of RCRA provides that States may be authorized by the Administrator under 

this section if the State Program provides for the public availability of information obtained by the State regarding 

facilities and sites for treatment, storage, or disposal of hazardous waste; and that such information is available 

to the public in substantiall y the same manner, and to the same degree, as would be the case if the Administrator 

were carrying out the provisions of this subtitle in the State. 

B. Requests for Information 

1.	 Consistent with the Federal Freedom ofInformation Act (FOIA), 5 U.S.C. 552(a)(2), the State 

agrees to make certain materials routinely available to the public without a formal FOIA request. 

Examples of these materials are final opinions or orders in case adjudication, State regulations, 

statements of Agency policy, and administrative staff manuals affecting the public. In addition, 

records prepared for routine public distribution will also be made available. Examples of such 

records are press releases, copies of speeches, pamphlets, and educational materials. 

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 notification of State judicial procedures, including statutes of limitation. 

4.	 The State agrees to make the fullest possible disclosure of records to the public, subject to any 

of the exemptions under the Federal FOIA recognized by the State and the Idaho Public Records 

Act, Idaho Code 9-337 et seq. . 

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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 

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 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 the 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 § 3006(t). 

STATE OF IDAHO U.S. ENVIRONMENTAL PROTECTION AGENCY 

DEPT. OF HEALTH & WELFARE REGION 10 

BY: 

REGIONAL 

~~ADMINISTRATOR 

BY: 

DATE: DATE:__-+-_~-.:.....-..=:...-. _

MEMORANDUM OF AGREEMENT
 

Page 12 of 12
 

Revised 12/13/94