# 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 ofAgreement (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 ofthe 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 ofthe State Program and pending State authorization and EPA's administration of the non-delegated provisions ofthe Hazardous and Solid Waste Amendments of 1984 (HSWA). For purposes ofthis 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 of40 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 §3011ofRCRA. This Agreement may be modified upon the initiative ofeither party in order to ensure consistency with StateProgrammodifications made or for any otherpurposemutually 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 This Agreement will remain in effect until such time as State Program authorization is withdrawn by or isvoluntarily transferred to EPA according to the criteria and procedures established in 40 CFR 271.22 and 40 CFR 271.23 or until replaced by a revised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 ofAgreement dated March 25, 1992. 

### II. POLICY STATEMENT Each of the parties to this Agreement is responsible for ensuring that its obligationsunder RCRA are met. The State has primary responsibility for implementing the authorized provisions ofthe RCRA hazardous waste program within its boundaries. EPA retains its responsibility to ensure full and faithful execution ofthe

MEMORANDUM OF AGREEMENT Page 1 of 12 Revised 12/13/94requirements 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 coordinationbetween their respective staffs in a partnership to assure successful and effective administration of the State Program. Section § 3006(g) ofRCRA provides that hazardous waste requirements and prohibitionspromulgated 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 ofInformation, which cannot be implemented by EPA in authorized States. While EPA retains responsibility for the direct implementation ofthose provisions ofHSWA which the State is not authorized to implement, it is the intention of EPA and the State to coordinate the implementation ofsuch provisions to the greatest degree possible. EPA will oversee implementation ofthe authorized State Program in order to ensure full execution of the requirements ofRCRA, to promote national consistency in implementation ofthe hazardous waste program, to allow EPA to report to the President and Congress on the achievements ofthe 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 ofhazardous 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 ofthe State Program. 

### III. STATE PROGRAM REVIEW A. General The Regional Administratorwill assess the State administrationand enforcementofthe hazardous waste program on a continuing basis for equivalency and consistency with RCRA, this Agreement, all applicable Federal requirements and policies and for adequacy ofenforcement. 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 ofState Program activities. The Regional Administrator may also consider, as part ofthis regular assessment, written comments about the State's program administration and enforcement that are received from regulated persons, the public, andFederal, State and local agencies. Copies ofany 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 necessaryby EPA for reviewingState Programadministrationand enforcement subject to any applicable restrictions ofthe 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 apartofthe State GrantWorkPlan, criteria for priority activities, including activities regarding handlers ofhazardous waste. These criteria will be based on guidance issued by EPA in the annual Agency OperatingYear Guidance/RCRA ImplementationPlan and other

MEMORANDUM OF AGREEMENT Page 2 of 12 Revised 12/13/94guidance 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 ofthis 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 ajoint 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/orjoint 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 ofinformation 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 ofthis Agreement and whether first received by the State or EPA; b. Such other information necessary to support the foregoing information;

c. Copies ofdraft permits, proposed permit modifications, public notices; d. Copies offinal permits and permit modifications; and

e. Notices ofpermit denials. 3. EPA agrees to make available to the State copies of any reports and data resulting from compliance inspections within sixty (60) days ofcompletion ofthe inspections. 4. EPA agrees to forward on a monthly basis, notificationinformationfrom EPA form 8700-12 (including newly assigned EPA identification numbers) submitted by persons in the State who file such forms after the effective date ofthis Agreement. This information will be submitted to the Director within ten (10) days ofthe end ofeach month for the preceding month.

MEMORANDUM OF AGREEMENT Page 3 of 12 Revised 12/13/945. EPA agrees to assign EPA identification numbers to generators and transporters and to owners and operators ofhazardous wastetreatment, storage and disposal facilities submittingnotifications after the effective date ofthis 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 ofsuch information to EPA for the assignment ofEPA identification numbers. 6. EPA agrees to assign emergency EPA identificationnumbers to generators andtransportersand owners andoperators ofhazardous waste treatment, storageand disposal facilities submittingnotifications after the effective date ofthisAgreement. Upon request for assignment ofan emergency EPA identification number by the State, via facsimile ofthe 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 ofthe 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 subjectto the terms of40 CFR Part 2. At the discretion ofthe Regional Administrator, "made available" may mean temporary access in lieu ofactual delivery to the State. 

### C. State 1. The State agrees to inform EPA in advance ofany proposed program changes which would affect the State'sability to implement the authorized program. Programchanges ofconcern include modification of the State's legal authorities (i.e., statutes, regulations and judicial or legislative actions affecting those authorities), modifications ofMemoranda ofAgreement 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 of40 CFR 271.21, and that until approved by EPA, revisions are not authorized as RCRA Subtitle C requirements. A Memorandum ofUnderstanding 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 ofthe 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 ofthe 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 ofhazardous waste generated, transported, treated, stored and disposed in the state. The State may modify and will transmit

MEMORANDUM OF AGREEMENT Page 4 of 12 Revised 12/13/94to 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 ofany 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 ofthe Director, "made available" may mean temporary access in lieu of actual delivery to EPA. 6. The State agrees to provideEPA with a copy of each State decision regarding variances, waivers, and delisting petitions at the time such requests are granted. The State agrees to provideEPA with a copy ofeach proposed variance, waiver, or delisting submittal at the time it is received. Ifgranting 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 stringentthan that ofEPA. 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 supportEPA's regulatory development efforts. If additional information is required, EPA will seek to gain this information from the State. The State ofIdaho agrees to supply the Regional Administrator with this information if readily available and as resources allow. Ifthe 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 DirectorofEPA's Idaho Operations Office [(208) 334-1450]. The EPA shall notify the Administrator ofthe Division ofEnvironmental Quality [(208) 334-5840].

MEMORANDUM OF AGREEMENT Page 5 of 12 Revised 12/13/94

### F. Confidentiality 1. Any information obtained or used in the administrationofthe State Program shall be availableto EPA upon request without restriction but in accordance with the Idaho Public Records Act, Idaho Code 

### § 

### 9-337et. 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 of40 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 ofaffected 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 ofthese Federal permits or permit conditions in the state. EPA will also transfer any pendingpermit applications, completed permits or pertinentfile information to the State within thirty (30) days ofthe authorization ofthe State in conformance with the conditions ofthis Agreement. The State and EPA have agreed to a process forjointpermitting and enforcement ofpermits 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 ofits 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 ofthe permit would be inconsistent with the approved State Program, EPA shall include in the comment:

a. a statement ofthe reasons for the comment (including the section ofthe State or federal law or regulations that supports the comment), and

MEMORANDUM OF AGREEMENT Page 6 of 12 Revised 12/13/94

### 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 adisagreementbetween their staffs on the terms ofany State-issuedpermit. EPA shall send a copy ofitswritten comments to the permit applicant. EPA shall withdraw such comments when satisfied that the State has met or refuted its concerns and shall also providethe 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 of40 CFR Part 22 in the case ofaviolationofa State Program requirement. In exercisingthese 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 ofIdaho -- Site A, Envirosafe Services ofIdaho -- 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 ofreceipt. modification requests. Copies ofNODs, final draft permits, Within fifteen (15) working days proposed permit modifications, ofcompletion and at least prior public notices, fact sheets. to public notice. Copies offinal permit or permit Within ten (10) working days of modifications. completion. Copies of permit appeals, responses Within fifteen (15) working days and resolution. ofreceipt 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 271.19provides specific proceduresfor 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 interpretationlreviewrequests 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.

MEMORANDUM OF AGREEMENT Page 7 of 12 Revised 12/13/94

### 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 ofinterim 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 ofHealth and Welfare Rules and Standards, Title5, Chapter 3, "Contested Cases and Declaratory Rulings" and to include as permit conditions all applicable provisionsoflDAPA 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 equivalentpermittingprocedures containedinIDAPA 16.01.05.012 and 05.013 in the performance ofpermit 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 ofpermits 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 State Program. EPA and IDHWhereby establish thisjointpermittingprocess for the issuance ofRCRA permits in Idaho. Thisjointpermitting process is established in accordance with § 3006(c)(3) ofRCRA. The details of thejointpermitting process and the duties and responsibilities ofEPA and the State for jointpermitting shall be incorporated into the annual State Grant Work Plan. The details ofthejoint 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 ofthe State for provisions ofHSWA, the specifics ofthe 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 ofState 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

MEMORANDUM OF AGREEMENT Page 8 of 12 Revised 12/13/94confirmation/agreement on proposals and interpretations resulting from unauthorized HSWA requirements. All correspondence andpermitmodifications resultingfrom anunauthorizedHSWArequirementwill bejointlysigned 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 ofthe State does not relieve EPA ofits responsibility for compliance with other Federal laws that may apply to the issuance ofpermits (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 ofthese laws to RCRA permit actions. 

### VI. PERMIT ADMINISTRATION A. EPA EPA will administer the enforcement, modification, revocation, reissuance, and termination of those portions ofjoint State/EPA permits for which the State does not yet have authority, until such time as the State adopts the provisions as a matter ofState law. 

### B. State The State agrees to review all hazardous waste permits which were issued under State law prior to the effective date ofthis Agreement and to modify or revoke and reissue such permits as necessary to require compliance with the amended State Programunder Idaho Code 39-4409 

### et seq., Idaho AdministrativeProcedures Act, Idaho Department ofHealth and Welfare Rules and Standards, Title 5, Chapter 3, "Rules ofPractice 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 jointEPA/State issued permit shall be adopted and be fully enforceable as State permit requirements priorto and after the date ofState authorization, whether or not the permit has been reissued as a State-only permit. EPA HSWArequirements which govern interim status andpermitted 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.

MEMORANDUM OF AGREEMENT Page 9 of 12 Revised 12/13/94By signing this Agreement, the State will utilize the National Corrective Action Strategy in accordance with the annual RCRA Implementation Plan. 

### VII. COMPLIANCE MONITORING ANDENFORCEMENT 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. Beforeconducting an inspection ofa 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). Ifthe 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 ofEPA 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 persondetermined to be in violationofRCRA 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 ofRCRA and any other applicable Federal statute. After notice to the State, EPA may take action under § 3008 ofRCRA against a holder ofa State-issued permit on the grounds that the permittee is not complying with a condition ofthat permit. In addition, EPA may take action under RCRA § 3008 against a holder ofa 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, includingfederal facilities with applicableprogramrequirements (see 40 CFR 271.15). As part ofthis 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

MEMORANDUM OF AGREEMENT Page 10 of 12 Revised 12/13/94State Grant Work Plan and the Compliance Assurance Agreement. Inspections which reveal violations ofEPA 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 ofthe 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 otherprogram requirements, includingviolations detected by State or Federal compliance inspections. The State will maintain procedures for receiving and ensuring proper consideration ofinformation 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 ofinformation 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 ofthis 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 withouta formal FOIA request. Examples ofthese materials are final opinions or orders in case adjudication, State regulations, statements ofAgency policy, and administrative staffmanuals affecting the public. In addition, records prepared for routine public distribution will also be made available. Examples ofsuch records are press releases, copies ofspeeches, 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 isdenied, the State agrees to providethe requestorthe basis for the denial and notification of Statejudicial procedures, including statutes oflimitation. 4. The State agrees to make the fullest possible disclosure ofrecords 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.

.

MEMORANDUM OF AGREEMENT Page 11 of 12 Revised 12/13/945. 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 constitutesa trade secretpursuantto 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 ofsubmission or collection and have not been the subject ofreasonable 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 ofrequests 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 ofany 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