### MEMORANDUM OF AGREEMENT 

## between the Washington State Department of Ecology and Energy Facility Site Evaluation CounCil

. Related to the UNDERGROUND INJECTION CONTROL PROGRAM forthe STATE OFWASHINGTON
This agreement is made and entered into by and between theWashington State Department of Ecology (Ecology) and the Energy Facility Site Evaluation Council (EFSEC)

. Ecology has been designated the lead agency by the Governor's Office to administerthe Underground Injec tion Control (UIC) Program authorized by 40 CFR, Part 145, ofthe federal Safe Drinking WaterAct, Public Law 93-523 and Public Law 96-502

. In addition, Ecology is charged with controlling and preventing pollution ofstate waters, including groundwater, underChapter 90.48 RCW. EFSEC coordinates all ofthe evaluation and licensing stepsfor siting majorenergy facilities in Washington

·underthe authority ofChapter80.50 RCW. EFSEC has the authorityto specifythe conditions of construction and operation of majorenergy fGtcilities. EFSEC also issues permits in lieu ofany other individual state or local agency authorityfor approved energy facilities subjectto chapter 80.50 RCW. PURPOSE This agreementwill be used as part of Ecology's submittal to the U.S. Environmental Protection Agencyfor primacy reauthorization so that Ecology can continue implementation of the UIC delegated program. This agreement designates that EFSEC will evaluate UIC wells atenergy facilities subjectto chapter 80

.50-RCW, and either issue state waste discharge permits or confirm thatthe wells meetthe rule authorization standards underWAC 173-218-070. This agreement also requires EFSEC to send all UIC well registration information to Ecologyforthe UIC wells used at energyfacilities underthejurisdiction of EFSEC. STATEMENT OFWORK 1. Duties of Ecology Ecology shall administerthe Underground Injection Control Program as described in Exhibit A, attached and incorporated by reference, except where the UIC wells are located at energy facilities subjectto Chapter 80.50 RCW.2. Duties of EFSEC EFSEC sha ll ensure that all qualify ing UIC wells at energy facilities that have been approved by EFSEC pursuant to Chapter 80.50 RCW meet the ru le authorization requ ire ments of Chapter 173-218 WAC.

EFSEC shall provide registration information to Ecology for all UIC wells at energy facilities that have been approved by EFSEC pursuant to rule authorization as set forth in WAC 173- 218-070 . For those UIC wells that do not meet the rule authorization criteria unde r Chapter 173 -218 WAC, EFSEC will issue state waste discharge permits for such wells. 3. Duration of Agreement This agreement shall be effective on the date when this agreement has been signed by both Ecology and EFSEC , and may be terminated upon 30 days written notice by either party . · · 4. Changes, Modifications, and Amendments This ag r eement sets forth in full the entire agreement of the parties in relation to the subject matter hereof, and**~ny** other agreement, representation , or understanding, verbal or otherwise, is hereby dee med to be nu ll and void and of no force a nd effect whatsoever. This agreement may be waived, changed , modified, or amended only by written agreement executed by both the parties hereto . If any provisions of this agreement shall be d eemed in conflict w i t h any statute or rule of law, such provision shall be dee med modified to be in conformance with sa id statute or ru le

of law. Date**Aile~~** Date Energy Facility Site E va luation Council Manager Energy Facility Site Eva,luation Council