### MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF IDAHO AND
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 I. GENERAL This Memorandum ofAgreement (hereinafter 11Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR 271.8 for the State ofIdaho Hazardous Waste program (hereinafter "State Program") authorized under Section 3006 ofthe 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 ofthe State program and, pending State authorization, EPA's administration ofthe non-authorized provisions ofthe Hazardous and Solid Waste Amendments of 1984 (HSWA). Forpurposes ofthis Agreement, references to "RCRA" include HSWA. This Agreement is entered into by the Administrator ofthe Division ofEnvironmental Quality, Idaho Department ofHealth and Welfare (hereinafter "DEQ Administrator" or "the State") and the Regional Administrator, EPA Region 10 (hereinafter "RegionalAdministrator" or "EPA").

r Nothing in this Agreement shall be construedto restrict in any way EPA's authority to fulfill its oversight and enforcement responsibilities under ReRA. Nothing in this Agreement shall be construed to contravene any provision of40 CFR Part 271. This Agreement does not restrict EPA's oversight authority for State program activities that are part ofthe federal program, does not establish privity betweenEPA and the State, and does not restrict EPA's independent enforcement authority. The parties will review the Agreementjointly at least once a year (and other times as appropriate) during preparationofthe annual State Grant workplan orPerformance Partnership Grant (hereinafter "Grant"), in connection with grant funding under section 3011 ofRCRA. This Agreement may be modified upon the initiative ofeither party in order to ensure consistency with State programmodifications 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 Revised 7-30-01time as State programauthorization is withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures established in 40 CPR 271.22 and 40 CPR 271.23. 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

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### .II. POLICY STATEMENT Each ofthe parties to this Agreement is responsible for ensuring that its obligations under RCRA are met. Upon granting offinal authorization by EPA, the State assumes primary responsibility for implementing the authorized provisions ofthe RCRA hazardous waste program within its geographic boundaries, except in Indian country. The State will conduct its hazardous waste programin accordance with EPAprogrampolicies and guidance.' While EPAretains responsibility for the direct implementation ofthose provisions ofHSWA for which the State is not authorized, it is the intention ofEPA 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 highlevel ofcooperation and coordinationbetween their respective staffs in a partnership to assure successfuland effective administration ofthe Stateprogram EPA will oversee implementation ofthe authorized Stateprogramin order to ensure full execution ofthe requirements ofRCRA, to promote national consistency in the hazardous waste program, to allow EPA to report to the President and Congress on the achievements ofthe 

# o 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 impropermanagement ofhazardous wastes. Oversight will be accomplished by EPA through written reporting requirements, permit overview, compliance and enforcement overview, and annual review ofthe State's programs.

1 These policies and guidance include, at a minimum, the OSWER Consolidated Guidance; the Office of Enforcement and Compliance Assurance MOAguidance; 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); ImprovingCustomer'Service (Fred Hanson, April 8, 1998); Federal Actions to Address Environmental Justice in Minority Populations and Low­ income populations (E. O. 12892, February 11, 1994); EPA OSWER Environmental Justice Action Agenda (EPA 540/R-95/023, 1995).
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### III. STATE PROGRAM REVIEW The Regional Administrator will assess the State "administrationand enforcement of the hazardous waste program ona continuing basis for equivalence and consistericy with RCRA, this" Agreement, and all applicable Federal requirements and policies, and for adequacy of enforcement. This assessment will be accomplished by EPA review ofinformation submitted by the State in accordance with this Agreement and the State Grant work program, permit overview, compliance and enforcement overview, 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, and Federal,State and local agencies. Copies ofany such comments received by the Regional Administrator will be provided to the State. Except for those documents protectedby 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 EPAto" routinely review State records, reports, and files relevant to the administration and enforcement of the approved program EPA agrees that allrequests for information will be coordinated in advance when possible. Coordination will not subject EPA to State FOIA requirements. Programreview 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 discussmutual programconcerns. 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 ofthe State grant work program, criteria for priority activities, including activities regarding handlers ofhazardous 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 identifythose activities which should receive the highest priority during the grant period. 

### IV. INFORMATION SHARING A. General This Section covers information sharing onmiscellaneous elements ofthe RCRA program, includingnotification, 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. ofthe MOA are included at the end ofthis document. As the respective information needs ofthe State and EPA evolve, changes to this section ofthe Agreement or the tables may be appropriate. During the annual

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review ofthis 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: JeffHunt, EPA Region 10, 1200 Sixth Ave., WCM-122, Seattle, WA 98101. EPA shall send permit and enforcement related information to: Brian Monson, Idaho Department ofHealth and Welfare, Division ofEnvironmental Quality, 1410NorthHilton, Boise, ill 83706-1255. 1. EPA will keep the State informed ofthe content and meaning ofFederal statutes, regulations, guidelines, standards, policy decisions, directives, and any otherfactors 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 Stateneeds to implement its approved program Informationprovided to the State will be subject to the terms of40 CPR Part 2.
3. The State agrees to informthe Regional Administrator of any proposedprogramchanges which would affect the State's ability to implement the authorizedprogramwith as much advance notice as possible. Programchanges ofconcern include modification ofthe State's legal authorities (i.e., statutes, regulations andjudicial orlegislative actions

. affecting those authorities), modifications ofMemoranda ofAgreement or Understanding 

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with other agencies, and modifications ofresource levels (i.e., available orbudgeted personnel and funds). Programchanges also include legal changes that would affect compliance monitoring and enforcement, such as privileges and irrnnunities laws. The State recognizesthat programrevisions must be made in accordance withthe provisions of40 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 offederal RCRA until such time, ifany, as EPAhas approved and authorized suchrevisions. EPA agrees to support the State with timely review of proposed State legislation that might have a significant potential to affect the authorized hazardouswaste program 4. Except for documents and information protecetedby attorney client privilege pursuant to Idaho Rule ofEvidence 502 and Idaho Code § 9-203 or otherwise subject to attorney work product pursuant to Idaho RulesofCivil Procedure 26 (b)(3) ,the State agrees to provide any pertinent information requested by the Regional Administrator or his orher designee, within a mutually agreed upon time frame, as necessary for EPA to carry out its oversightresponsibilities. 5. The State agrees to submit the following reports and documents to the Regional Administrator orhis orher designee within the specified time periods: a) Midyear and
4. Revised 7-30-01.0

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 ofany decisions regarding requests made by hazardous waste handlers to change their classifications (e.g., requests to be deleted as generatorsbut 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 EP A determines that it needs to obtain certain information, EPA will first.seek to gain this information from the States. The State ofIdaho agrees to supply the Regional Administrator with this information ifreadily available and as resources allow in accordance with section IV (A)(4) hereof. Ifthe State is unable to provide the information or if it is necessary to supplement the State information, EPA may conduct a special surveyorperforminformation 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 ofsuchinformation collection. 

### C. Emergency Situations Upon receipt ofany information that the handling, storage, treatment, transportation, or disposal ofhazardous waste is endangering human health or the environment, the party in receipt ofsuch information shall innnediately notify by telephone the Idaho Emergency Response

. Communication center at 1-800-632-8000. 

### D. Confidentiality
1. Subject to the provisions ofsection IV (A) (4) herein regarding attorney client privilege and attorney work product protection ,any information obtained or used in the administration ofthe State program shall be available to EPA. Ifthe informationhas been submitted to the Stateunder a claim ofconfidentiality, the Statemust submit said information to EPA in a manner reasonably anticipated to place EPA onnotice of such claim ofconfidentiality. Any information obtainedfrom a State and subjectto a claimof confidentiality will be handled in accordance with the regulations in 40 CPR Part 2, Public Information. 

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### 2. EPAagrees to furnish to the State information in its files which is not submitted under a claim ofconfidentiality and which the State needs to implement its program. EPA will release confidential information only to States with confidentiality provisions equivalent to 40 CFR Part 2. Subject to the conditions in 40 CPR Part 2, EPA will furnish to the State information submitted to EPA under a claim ofconfidentiality 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 of40 CPR Part 2. EPA will notify affected facilities when such irifonnation 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 ofany delisting petition, and all subsequent revisions, to EPA within 15 days ofreceipt. Please consult the Enforcement and Compliance document flow table, attached to this agreement that contains additional information on delisting documents the.State will share withEPA. 

### F. Notification
EPA and the State havejointly decided that the State will assign all EPA 1.0. numbers and enter all notification data into RCRIS. Ifthe applicant sends a notification form (8700-12 or equivalent) directly to EPA, EPA willforward the form to the State for the assignment ofan 1.0. number within 30 days ofreceipt. Ifthe State receives a notification form from EPA or from the applicant, the State will assign an I.D. number to the applicant and informthe applicant of its number. 

### G. Variances and Waivers The State agrees to provide EPA with a copy ofeachproposed variance and waiver at the time it is received. Within 45 days ofreceipt, 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, ifEPA determines that the proposed variance or waiver is inconsistent with the State's authorized program This 45 day comment period can be shortened on a case by case basis by. mutual consent. The State will transmit a copy ofany public notices, variances, or waiver approvals to EPA within ten (10) days ofissuance. 

### 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 oneRCRIS database, effective October 1, 1998. The State and EPA Region' 10 are.eachresponsible for the correctness ofthe data enteredby their agency.
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# ... 'II'" The State will enter all required RCRA Core data monthly into RCRIS and may submit or enter data as agreed between EPAand 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 ofall 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 ofRCRIS. 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. 9. Both EPA and the State have the right, as implementers ofRCRIS, to choose and to change their RCRIS hardware platforms to optimize system efficiency, but willnot do so in such a way as to negatively affect the RCRIS data base, access to the RCRIS database reports, or the potential for updating RCRIS with new data. 

### V. PERMIT ISSUANCE A., EPA Permitting Upon authorization ofthe State program, EPA will suspend issuance ofFederal permits for hazardous waste treatment, storage, and 'disposal facilities for which the State is receiving authorization. IfEPA 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. IfEPA 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 EPAhave agreed to ajoint permitting process (see section V.D ofthis Agreement) for thejoint processing and enforcement ofpermits for those provisions ofRCRA for which the State does not have authorization.

7. Revised 7-30-01EPA will transfer any pending permit applications, completed permits or pertinent file information to the State within forty-five days ofthe approval ofthe State programin conformance with the conditions of this Agreement.



### 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 identifiedbythe State and EPA in the State's RCRIS Permitting Six Quarter Plan, annual State Grant Work Programand the State's Program Description. EPA 

# may comment in writing on any draft permit or proposed permit modification, within forty five days ofits receipt, whether or not EPA commented

# on the permit application. Where EPA indicates in a comment that issuance, modification, reissuance, tenninationor denial ofthe permit would be inconsistent with the approved State program, EPA shall**~clude** in the comment:

a. A statement ofthe reasons for the comment (including citation to the section of the State or federal law or regulations that supports the comment), and b. The actions that should be taken·by the State to address the comment (including the conditions which the permit would include ifit were issuedby EPA). 

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The State and EPA will usually reach concurrence on permit conditions prior to issuance ofthe draft permit or approval ofproposed permit modifications. TheDEQ Administrator and EPA Regional Administrator agree to meet or confer, within the permit review period, whenever necessaryto resolve a disagreement between their staffs on the terms of any State-issued permit. EPA shall withdraw such comments ifsatisfied that the Statehas 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 permit

.modification, or draft permit in writing before issuing the permit ormaking the modification. Under section 3008(a)(3) ofRCRA, EPA may terminate a State-issued permit in

.accordance with the procedures of40 CPR Part 124, SubpartE, orbring an enforcement action in accordance with the procedures of40 CPRPart 22 in the case ofa violation ofa State program requirement. In exercising these authorities, EPA will observe the conditions established in 40 CPR 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 ofthe State's
8. Revised 7-30-01

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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 ProgramDescription. In accordance with Idaho Code §39-4409(2), upon authorization interim status or finalpermits issued by EPA prior to State authorization shall be adopted as State interim status finalpermits until IDHW issues a new Statepermit. The State agrees to issue, modify and reissue allpermits subject to the authorized portions ofthe State's programin 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 ofHealth 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 ofIDAPA §§ 16.01.05. et. seq. This Agreement also applies to permits issued after final authorization but for : which the processing may have begunbefore [mal authorization. The State agrees that any compliance schedule contained in anypermit issued will require compliance with applicable standards within a specified time period. 

### D. JointPermitting Process Pursuant to section 3006(g)(l), and in accordance with RCRA, as amended, EPAhas 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 programis amended to reflect those requirements and prohibitions and authorization is received for the portion or portions ofthe program EPA and Idaho hereby establish.thisjoint permitting process for the issuance ofRCRA permits in Idaho. Thisjointpermitting process is established in accordance with section 3006(c)(3) of RCRA. A determination on which sites may requirejoint permitting will be made by the State and EPA, noted in the State Grant Workplan. Upon authorization of the State for any ofthe provisions ofRCRA, the specifics ofthe Joint Permitting Agreement as set in the annual State grant work program shall be amended to reflect the authorization. Amendment ofthis Memorandum ofAgreement or the execution ofa separate Memorandum ofAgreement may be required for authorization of any ofthe provisions ofHSWA. 

### VI. PERMIT ADMINISTRATION A. EPA EPA willadminister the enforcement, modification, revocation, reissuance, and. termination of those portions ofjoint StatelEPA permits for which the 

### Statedoes not yet have authority, until such time as the State adopts the provisions as a matter ofState law and is authorized for theprovisions by EPA and in accordance with sectio.nVI.B ofthis agreernent.1:1!1!1 

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B. State The State agrees to review allhazardouswaste permits which were issued under State law prior to the effective date ofthis Agreement in accordance with 40 CFR 27l.l3(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 ofany permits not equivalent to federal permit requirements, including any permits that have been issued but are pending administrative or judicial appeal. Except for these non-equivalent permits, once EPA hasdetermined that the State has fulfilled the requirements of40 CFR 27l.l3(d), EPA will terminate the applicable Federal permit, or Federal portion ofthe permit, pursuant to the procedures in 40 CFR l24.5(d), notify the State that the permit is terminated, and no longer administer those permits portions ofpermits for which the State is authorized. Where the State permit is not equivalent to federal permit requirements, the Statemay modify, or revoke and reissue, its permit as necessary to require compliance with its authorized programin a manner consistent with RCRA as amended by HSWA. Ifthe State does not modify, or revoke and reissue, a permit equivalent to the federal permit, EPA will administer and enforce its permit untilit expires or is terminated. Upon the effective date ofan 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 ofits intent to terminate the federal permit, and give the permittee 30 days in which to agree or object to termination ofthe permit.

. The State agrees to resolve all State permit appeals in a manner consistent withits mthorizedRCRAprogrmn

. 

### VII. COMPLIANCE MONITORING AND ENFORCEMENT A. EPA Nothing in this Agreement shallrestrict EPA's right to inspect any hazardous waste generator, transporter or facility or bring enforcement action against any personbelieved to be in violation ofthe State or Federal hazardous waste programorbelieved 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 ofthe intent to inspect in accordance with 40 CFR 271.8(b)(3)(i). In case ofan imminenthazard 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 ofany reports and data resulting from compliance inspections within a reasonable time from completion ofthe inspections. Under current Region 10 policy, ifthe State makes notice to EPA that an inspection will

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

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10. Revised 7-30-01 

# 0Regional Administrator deems the State actions to be inadequate or the Regional Administrator has reason to believe there is an imminent and substantial endangerment to humanhealth or the environment; however, notwithstanding the above policy and as required by 40 CFR 271.8(b)(5) no limitations on EPA compliance inspections of generators, transporters, or non-major HWM facilities under 40 CFR 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 27 1.8(b) this policy shallnot 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 ofEPA oversight and training inspections will be specified in the annual State grant work program ,EPA willnegotiate on an annual basis with the State the number or percentage of the State's compliance inspections on which EPAwill 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 timelyand 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 ofRCRA and any other applicable Federal statute. After notice to the State, EPA may take action under section 3008 ofRCRA against a holder ofa 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 ofRCRA 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 onthat permit application or draft permit, stated was necessary to implement approved State programrequirements, whether ornot that condition was included in the final permit. 

### B. State The State agrees to 

## carry out a timely and effective programfor monitoring compliance by generators, transporters, and TSD facilities (see 40 CPR 271.15). As part ofthis program, the State will conduct inspections to assess compliance with generator and transporter standards (including manifestrequirements), facility standards, permit requirements, compliance schedules, and allother program requirements. Compliance monitoring activities and priorities will be specified in the OfficeofEnforcement 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 ProgramDescription. 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 Stateprogrammay be designated by the Regional Administrator as EPA representatives under section 3007 ofRCRA, so that they can inspect facilities for violations ofthe terms and conditions ofFederalpermits. Designations with respect to section 3007 ofRCRA willbe negotiated 

### in the annual grant workplan or at other times upon mutual agreement ofbothparties. The State agrees to take timely and appropriate enforcement action as defined in the 1996 Hazardous Waste Enforcement Response Policy against allpersons in violation of generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all other programrequirements; including violations detected by State or Federal compliance inspections. The State willmaintain procedures for receiving and ensuring proper consideration ofinformation about violations submitted by the public. Subject to the provisions ofsection IV (A)( 4) herein, the State agrees to provide EPA with copies ofreports resulting from any compliance inspection and subsequent enforcement actions, when EPA requests suchcopies. The State agrees to retain allrecords for at least three years unless there is an enforcement action pending. In that case allrecords willberetained until three years from the date such action is resolved. 

### VIII. AVAILABILITY OF INFORMATION A. General Section 3006(f) ofRCRA requires an authorized state to provide for the public availability o.finformation obtained by the State regarding facilities and sites for treatment, storage and disposal ofhazardous waste. Suchinformation must be availableto 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 ofthese 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 bemade available. Examples ofsuch records are press releases, copies ofspeeches, pamphlets, and educationalmaterials. 2. The State Agency agrees to make reasonable efforts to assist arequestor in identifying records being sought, and to help the requestor formulate his orher 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 ofany Statejudicial, administrative procedures,
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I I j ,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 ofrecords to the public, except where the record would qualifyfor any ofthe exemptions under the Idaho Public Records Act, Idaho Code § 9-337, et seq. or under the FederalFreedomofInformation 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 ofthe press or other communication medium, or from a public interest group. The State agrees to reduce or waive the fee ifit determines that a reduction or waiver ofthe fee is in the public interest because furnishing the information can be considered as primarily benefitting the general public. 

# c. Confidentiality ofBusiness 

### 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 ofa 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 ofsubmission or collection and have not been subject of reasonable effort to maintain secrecy, and are not trade secrets within the meaning ofIdaho 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 ofdenials ofrequests for information (or a file containing copies ofdenial 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 fOnTIS, procedures, orpriorities, asapplied to section 3006(f).



# , STATE OF IDAHO DE FHEATH& U.S. ENVIRON1v1ENT AL PROTECTION AGENCY REGION 10

REGIONAL A»MrySTRATOR DATE 

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13. Revised 7-30-01I



### BASE PERMITTING DOCUMENT FLOW BETWEEN EPA AND IDAHO DEQ.



# , Item Itern Description State Action EPA Action 1 New and revised Pan 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) SubpartX Part B' s, risk assessment protocols, and risk assessments Copy to EPA within 30 days of receipt. Review and become familiar with documents. Comment as appropriate at State request

3 Copies ofwarning letter and first Notice ofDeficiency (NOD) for all TSDFs Copy to EPA Review for HSWA applicability, e.g. Cc. 4 .Copies of2nd and subsequent NODs/Order for facilities in item 2. Send draft 30 days prior to issuance 

### if comments requested; final when issued. Comments, ifany, wlin 30 days of receipt



### 5 Completeness determinations for all TSDFs Send 30 days prior to issuance Monitor progress. Comments, ifany, 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 ofpublic comment period. Comment to State wlin 30 days of 

### receipt.



### 7 Draft permits and draft modifications for all other TSDFs, with fact sheetsand public notices Copy to EPA with

. monthly

submittals Review and comment to State/facility 

### if cursory review indicates problems. 

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### 8 Final permits and finalmodifications for all TSDFs, and notices ofpermit 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 

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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 ifEPA connnented 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 State to maximum extent possible.

16. Revised 7-30-01

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# , CORRECTIVE ACTION DOCUMENTFLOW BETWEEN EPA AND IDAHO DEQ

Item ItemDescription 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 formwhen sent to facility for comment Corrnnents 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 corrnnented on draft. 4 Final EI evaluations and NCAPS worksheets Send to EPA Review ifEPA corrnnented on draft S· Stabilization Evaluation Questionnaires (GPRA Universe): Copy to EPA Comments, if any to State wlin 30 days of receipt 

### 6 All workplans and reports that address investigation 

### andcorrective action requirements for SWMUs at facilities with high NCAPS ranking. Copy to EPA unless connnents requested on expedited schedule. Becomefamiliar with documents.

7 Notices ofTechnical Inadequacy (NOTIs) and NOVs and Orders on Corrective Action Documents in item7 cc: EPA EPAreview, 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 ofdraft. Review final for conformity to EPA corrnnents. 

# , 17. Revised 7-30-01'. i·'I



### ENFORCEMENT AND COMPLIANCEDOCUMENT FLOW· 

# 0 ' BETWEEN EPA AND IDAHO DEQ (Items in Italics show varying requirements (---.,/.

. between States)

Item Itern Description State Action EPA Action 1 List ofall 

### facilities I 

### TSDFs I 

### significant generators that State will inspect each quarter/year 

### Send list to EPA prior to start of quarter I 

### year Review list and notify State which facilities EPA will inspect. 2A2



### ..State draft inspection reports for joint EPAlState inspections prior to finalization Send to EPA for review Comment to State w/in 15 days of receipt. 2B EPA draft report for joint EPAlState inspections; EPA final 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 I 

### inspections of Significant Non-Compliers (SNCs), copies ofinspection reports, and any follow-up reports, warning letters, NOV s, and administrative orders, etc. Send to EPA upon issuance I 

### specified time frame Monitor State Action for timeliness and appropriate action.

4 Allenforcement referrals from district offices to central office Send copy to EPA (Same as above)

5 Notice ofIntent to receive hazardous waste from a foreign source pursuant to 40 CFR 265.12 Send copy to EPA upon receipt I 

### within 5 days ofreceipt Region review and take action as necessary 6 Notification ofState that EPA will take enforcement action . Receive notification and take appropriate response, if

### required Notification prior to issuing 3OO8(a) Order by telephone and lor 

### writing within a specified time frame

18. Revised 7-30-01

# , 7 Notification ofEPA ofany 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 ofthe 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 ofissuance EPAreviews 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 final decision to EPA 15 days before mailing to applicant EPA review and provide corrnnents to State within 30 days ofreceipt ofdraft decision. EPA notify Statebefore State mails final decision to applicant ifEPA finds serious technical deficiencies. 10 Citizen concerns referred to Stateby EPA State investigate and report results to.EPA w/in 30 days of referral fromEPA. EPArefer to State.



# , 19. Revised 7-30-01