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• Addendum to the Memorandum ofAgreement between the State ofWashington and The United States Environmental Protection Agency Region 10 for final Dangerous Waste Program Authorization May 1998 Agreement for Revised State's Authorized Program to Include the Puyallup Non-Trust Lands Pursuant to the SettlementAct of1989 Pursuant to the provisions found in the Memorandum ofAgreement between the State of Washington and the United States Environmental Protection Agency Region 10 for Final Dangerous Waste ProgramAuthorization, dated November 26, 1985, hereafter "MOA", at Section II. Responsibilities ofParties, Subsection I. Provision for Modification ofthe MOA, this modification isjointly agreed to by both the State ofWashington, hereafter "State", and United States Environmental Protection Agency Region 10, hereafter, "U.S. EPA Region 10", and is incorporated into the November 26, 1985 MOA as an addendum thereto. This addendum is effective upon signature ofboth the Director ofthe Washington State Department ofEcology and the Regional Administrator for U.S. EPA Region 10. I. General This addendum to the MOA supports the State's authorization revision application to include the non-trust lands within the 1873 Survey Area ofthe Puyallup Reservation as defined in the settlement agreementbetween the Puyallup Tribe, Federal, State, and local governments dated August 27, 1988 (Settlement Agreement). The Settlement Agreement was ratified by Congress and incorporated in Federal law on June 21, 1989, as the Puyallup Tribe ofIndians SettlementAct of 1989,25 U.S.C. sections 1773, et. seq. (Settlement Act). This addendum to the November 26, 1985 MOA establishes responsibilities and procedures pursuantto 40 CFR section 271.8 for operation ofthe State's Dangerous Waste ManagementProgram (State Program) on the non-trust lands within the 1873 Survey Area ofthe Puyallup Reservation. The State Program received final authorization on January 31, 1986, under Section 3006 ofthe Resource Conservation and Recovery Act of 1976, as amended (RCRA or the Act), Pub: Law 94-59-80, 42 U.S.C Sections 6901, et. seq. This addendum will remain in effectuntil the State withdraws from authorization or until such time as State Program authorization is withdrawn by EPA according to the provisions of40 CFR section 271.22, or reverts to EPA according to the provisions of40 CFR section 271.23, or until such time as the State and U.S. EPA Region 10modify this addendum in accordance with the terms ofthe MOA, or modify the MOA to supersede this addendum, or terminate the existing MOA and supplant it with another agreement.

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• II. Responsibilities The State has primary authority for implementing its authorized program on the non-trust lands within the 1873 Survey Area ofthe Puyallup Reservation as defined by the Settlement Agreement, the SettlementAct, and where not provided therein as otherwise provided by Federal law. The authorized program does not extend to Indians or Indian activities within the 1873 survey area. EPA retains primary responsibility for implementing RCRA on the trust lands, and over Indians and Indian activities on the nontrust lands within the 1873 survey area. EPA agrees to initiate an appropriate mechanism to prevent any authority gaps when a person, as defined in WAC 173-303-040 or 40 CFR 260.10, who manages hazardous waste is affected by a change from State to Federaljurisdiction. The State and EPA agree to communicate all suchjurisdictional changes to the Puyallup Tribe. EPA Region 10 will adhere to its EPA Indian Policy, dated March 14, 1994, and its commitmentto working with Federally recognized tribes on a government-to-government basis to enhance environmental protection. 

### III. Implementation Strategy for Lead Regulatory Agency Changes The following is the agreed upon strategy for how the EPA and Ecology will share information and communicate alljurisdictional change withinthe 1873 boundary ofthe Puyallup Reservation. A person who manages hazardous waste is required to notify the regulatory lead agency ofa change pursuantto notice requirements for treatment, storage, and disposal (TSD) facilities at WAC 173-303-805(7), WAC 173-303-810(14), or 40 CFR 270.30(1)(3); or through generator notification requirements pursuantto WAC 173- 303-060(2),40 CFR 270.1(b) or 270.70(a)(1). Communicationbetween EPA, Ecology, and the Puyallup Tribe will be maintained when aperson who manages hazardous waste gives notice regarding land acquisition, changes ofoperator/owner, and/or affected activities that result in a change ofthe lead regulatory agency. A. Implementation Strategy Protocol The following information and procedures will be used when a person who manages hazardous waste gives notice ofa change that results in a change ofthe lead regulatory agency. 1. Within 15 working days from when the lead regulatory agency receives notice ofa change, the notice will be shared with appropriate staffofEPA, Ecology, and the Puyallup Tribe. 2. Based on the notification ofchange, the new lead regulatory agency will prepare a letter to the "notifier" identifying themselves as the new lead regulatory agency. This letter will be copied to the former lead regulatory agency and the Puyallup Tribe.

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• 3. The new lead regulatory agency will be responsible for updating the RCRIS database with corresponding data entry change requirements. B. Permit Conditions Advance notification by the facility ofany planned transfer in ownership interest or operational control at apermitted facility will assist EPA and Ecology. If, as a result of the transfer, thejurisdiction for the permit's lead regulatory agency changes, the new lead regulatory agency will determine, in accordance with applicable permitting requirements, whether to modify the existing permit orrevoke and reissue the permit, or ifthere is cause, terminate the permit. The permitwill identify the new lead regulatory agency. EPA will consider consistency with State law in decisions made at facilities and for generators for which EPA hasjurisdictional authority. All RCRA permits withinthe 1873 Survey Area ofthe Puyallup Reservation boundary will have the following permit conditions: "In accordance with reporting requirements in WAC 173-303-810(14) and 40 CFR 270.30(1)(3), the Permittee will provide notice to the Director and the Regional Administratorprior to transfer ofownership interest or operational control ofthis Permitto any person. The Director or the Regional Administratormay require modification, or revocation and reissuance ofthe permit, or incorporate otherrequirements as may be necessary in accordance withprocedures in WAC 173-303-830 and 40 CFR Part 270 Subpart D." And, "EPA will become the regulatory authority ifthe facility's notice results in a State to Federaljurisdictional change. Ecology will become the regulatory authority ifthe facility's notice results in a Federal to State jurisdictional change." C. Cleanup Implications for Contamination Crossing Jurisdictional Boundaries On occasion, offsite contaminationraises concerns for regulatory agencies. Therefore, whenever contamination from one parcel crosses boundaries ofregulatoryjurisdiction and affects another parcel, notification will be made to EPA, Ecology, and the Puyallup Tribe. EPA and Ecology agree to provide each other with pertinent information to determine the best strategy for such effectedparcels. In some instances, dualjurisdiction may exist. Both agencies intend to provide consistent environmental protection. The agencies will use protective cleanup approaches and levels as referenced in Federal or State law or guidance. Discussions between agency staffwill be the starting point for all such decisions including active communication with the Puyallup Tribe.

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• IV. Dispute Resolutions The following dispute resolution applies to the entire MOA and supersedes the Corrective Action addendum, dated October 17, 1994. These revisions reflect the current EPA Region 10 organization structure. The State and U.S. EPA Region 10 agree to pursue informal, staff-level dispute resolution to the maximum extent possible. In cases where informal, stafflevel dispute resolution is not effective, a straightforward formal dispute resolutionprocedure will be used. WheneverEPAor State personnel directly involved in the implementation ofthis agreementjudge that a problem exists or that this agreement is not being followed, the issue should be resolved at the State Program Manager and the EPA Office Director level. Ifthe State Program Manager and the EPA Office Director cannotreach agreement, the issue will be elevated to the Director ofthe Washington Department of Ecology and the Regional Administrator ofthe U.S. EPA Region 10 for final resolution. When necessary, the U.S. EPA Region 10 Office Director for the Washington Operations Office will be responsible for coordination ofthe dispute process and for preparing any necessary documentation. V. Provisions for Modification ofthe MOA Addendum This agreement may be modified upon the initiative ofeitherparty to ensure consistency with State or Federal program modifications or for any otherpurpose mutually agreed upon. Any revisions or modifications must be in writing and mustbe signed by both the Director and the Regional Administrator. As final authorization is achieved for the 1984 amendments to the Hazardous and Solid Waste Act (HSWA) and future amendments to RCRA, these will be incorporated into this Memorandum ofAgreement, along with any necessary changes to State statutes, regulations, the State Program Description, and Attorney General's Statement. EPA is directly responsible for the implementation and enforcement ofregulations promulgated under HSWA in the 1984 amendments to RCRA in authorized states until those states become authorized for HSWA regulations under their authorized program. VI. Disclaimer This agreement and any procedures established to implementthis agreement do not constitute rulemaking under 5 U.S.C. Sections 551 et. seq. or under chapters 70.105, 70.105B, 70.105D and 90.48 RCW, and may not be relied upon by any person to create a right or benefit, substantive or procedural, enforceable at law or in equity by any person.

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• Signatures 

# u.s. Environmental Protection Agency Region 10 Regional Administrator
By:
Date: 

# 6.,,(2../1&

_ State ofWashington Department ofEcology Director

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