### MEMORANDUM OF AGREEMENT BETWEEN
THE STATE OF IDAHO AND
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

I. GENERAL This MemorandumofAgreement (hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR 271.8 for the State ofIdaho Hazardous Waste program (hereinafter "State Program") authorized under §3006 ofthe Resource Conservation and Recovery Act of 1976 (42 USC 6901

### etseq. 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 authorizationand EPA's administration ofthe 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 Administrator, Division ofEnvironmental Quality, ofthe . Idaho Department of Health and Welfare (hereinafter "DEQ Administrator" or '''the State") and the Regional Administrator, EPA Region 

### 10(hereinafter "Regional Administrator" or**"EPA")~** 

### For administrative purposes, the Idaho Division ofEnvironmental Quality will serve as lead agency to simplify coordination and communication between the State and EPA. Nothing in this Agreementshall

### beconstrued 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 §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 This Agreement will remain in effect until such time as State Program authorization is withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures established in, 40 CFR 271-.22 and 40 CFR 271.23 or until replaced by a revised Agreement signed by the DEQ Administrator and the Regional Administrator.

Memorandum ofAgreement Page 1of 13 Revised 09/17/96This Agreement shall be executed by the DEQ Administrator and the Regional Administrator and 

# C> shall replace the Memorandum ofAgreement dated December 13, 1994. II. POLICY STATEMENT
.r Each ofthe parties to this Agreement isresponsible for ensuring that its obligations under 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 requirements ofRCRA, including direct implementation ofthose HSWA provisions not yet delegated to the State. The State 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 ofthe State Program. Section 3006(g) of RCRA provides that hazardous waste requirements and prohibitions promulgated pursuant to HSWA are applicable in authorized States at the same time that they are applicable in unauthorized States with the exception of§3006(f), Availability 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 ofEPA and the State to coordinate the implementation ofsuch provisions to the greatestdegree possible. EPA will oversee implementation of the authorized State Program in order to ensure full execution of the requirements of RCRA, to promote national consistency in implementation of the hazardous waste program, to allow EPA to report to the President and Congress on the achievements of the hazardous waste program, and to encourage States and EPA to agree on desirable technical support and targets forjointeffortsto 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**~ual** review ofthe State Program. III. STATE PROGRAM REVIEW A. General The Regional Administrator will assess the State administration and enforcement of the hazardous waste program on a continuing basis for equivalency and consistency with RCRA, this Agreement, all applicable Federal requirements and policies and for adequacy of enforcement. This assessment will be accomplished by EPA review ofinformation 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 of this regular assessment, written comments about the State's program administration and enforcement that are received from regulated .persons, the public, and Federal, State and local agencies. Copies ofany such comments received by the Regional Administrator will be provided to theState. 

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# "- Memorandum ofAgreement Page 2 of 13 Revised 09/17/96 

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

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# , ," C- 0. information requested as deemed necessary by EPA for reviewing State Program administration and

....**'~~**:.j 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 ofState 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 ofPriority Activities The State and EPA agree to develop, on an annual basis as a part ofthe State Grant Work Plan, 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/RCRA ImplementationPlan and other guidance documents as may be appropriate, and will serve to identify those I I activities which should receive the highest priority during-the grant period.
I Examples ofactivities 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.

. - INFORMATION SHARING General
. As the national hazardous waste program matures, the respective roles and responsibilities in this StatelEpApartnership will become more clear. During the annual review ofthis Agreementthe State and EPA will carefully examine the following information sharing provisions for needed revisions.
B. EPA
1. EPA will keep the State informed ofthe content and meaning offederal statutes, regulations, guidelines, standards, policy decisions, directives, and any otherfactors that may affect the State Program. EPA will also provide general technical guidance to the State. EPA will share with the State any national reports developed by EPA from the data submitted through State reporting requirements.
2. The State and EPA have agreed to a joint permittrng process (see. Section V**~D** of this Agreement). Underthis process the State and EPA have established policies and procedures by which each will pursue their respective and/orjointresponsibilities under HSWA.
The State and EPA agree to the sharing ofinformation as specified under Section V.D ofthis Agreement and the annual State Grant Work Plan. Specifically included shall be the procedures for sharing and coordinating the exchange ofinformation on the 'following:

Memorandum ofAgreement Page 3 of 13 Revised 09/17/96

### a. Part A and Part B permit applications, whetherreceived"priorto the effective date ofthis 

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...., 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 inspectionswithin sixty (60) days ofcompletion ofthe inspections.
4. EP A will make available to the State other relevant information as requested which the State needs to implement its approved program. Information provided to the State will be subject to the terms 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"

# C~" the State's ability to implement the authorized program. Program changes ofconcern include '-'" modification ofthe State's legal authorities (i.e., statutes, regulations andjudicial or legislative .actions affecting those authorities), modificationsofMemoranda ofAgreement or Understanding with otheragencies, and modifications ofresource 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 of Understanding between EPA and the State has been implemented for.. information exchange using the RCRIS system. EPA Identification number assignment capabilities have been transferred to the State RCRIS system. Information exchange and agreements are outlined in an amended RCRIS Memorandum of Understanding and RCRIS Standard Operating Procedures.
2. Annually, through development ofthe State Grant Work Plan, EPA and the State will agree on the type and frequency ofreports 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 !imited to, the following:

a. Compliance monitoring and enforcement information;
b. Corrective action activity; "-/' Memorandum ofAgreement

. Page 4 of 13 . Revised 09117/96

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# •**~\** "I c. Information indicating the status of the State's permitting, closure, post-closure, and ground-water monitoring;
d. Various reports designed to accurately describe the status ofthe State's authorized program including biennial reports summarizing the quantities and types of hazardous waste generated, transported, treated, stored and disposed in the state. The State may modify and will transmit to applicable handlers EPA Biennial Report forms to ensure the format reflects current state statutory and/or regulatory authority; and

e. State decisions to grant variances, waivers, and delisting requests made by hazardous waste handlers.
3. The State agrees to provide EPA with a copy of any decisions regarding requests made by" hazardous waste handlers to change their classifications (e.g., requests to be deleted as generators but to retain facility status) and facility requests to make on-site changes prior to permit issuance (e.g., requests to handle additional wastes not identified on the facility's original notification and RCRA Part A Permit Application.) "Generally, these issues are addressed during the EPA/State quarterly sites meetings.
4. The State agrees to provide EPA when requested, copies of reports resulting from any compliance inspections and subsequent enforcement actions such as actions against CERCLA waste receiving facilities and federal facilities

. 

### 5. The State will make available any pertinent information requested by EPA within a mutually agreed upon time frame. Informationprovidedto EPA will be subjectto the terms ofthe Idaho Public Records Act, Idaho Code § 9-337 

### et. seq.
.At the discretion of the Director, "made available" may mean temporary access in lieu ofactual delivery to EPA.
6. The State agrees to provide EPA with a copy ofeach State decision regardingvariances, waivers, and delisting petitions at the time such requests are granted. The State agrees to provide EPA with a copy ofeach proposed variance, waiver, or delisting submittal at the time it is received. Ifgranting of

# avariance, waiver, or delisting would impairthe State's equivalency; i.e., impose standards less stringent than RCRA, the EPA will confer with the State to resolve these issues. The State agrees not to issue a waiver, variance, or delisting which would render the State Program less stringent than that 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 ofthe hazardouswaste program and to support EPA's regulatory development efforts. Ifadditional 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 ifreadily available and as resources allow

.. Ifthe State is unable to provide the information or ifit is necessary to supplement the State information, EPAmay conduct a special survey

Memorandum'ofAgreement Page 5 of 13 Revised 09/17/96**.~--**

### ..

or perform information collection site visits after notifying the State. EPA will share with the SUite any

# C~ national reports developed by EPA as a result ofsuch information collection. ,,'**":~'** .

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### E. Emergency Situations Upon receipt ofany information indicating that the handling, storage, treatment, transportation, or disposal ofhazardous waste is endangering human health or the environment, the party in receipt of such 

### information shall immediately notifyby telephone the otherparty to this Agreement ofthe existence ofsuch situation. The State shall notify the DirectorofEPA's Idaho Operations Office [(208) 378-5750]. The EPA shall notify theAdministrator ofthe Division ofEnvironmental Quality [(208) 373-0502]. 

### F. Confidentiality
1. Any information obtained or used in the administration ofthe State Program shall be available to EPA upon request without restriction but in accordance with the Idaho Public Records Act, Idaho CodeS 9-337 

### et. seq. Ifthe information has been declared by the State to be confidential business information (CBD, 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

# o~ 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 pennits 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 pennit conditions in the state. ' EPA will also transfer any pending permit applications, completed pennits or pertinent file 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 forjoint permitting and enforcement ofpennits (see Section V.D) 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 HSWAprovisions, EPA will suspend issuance ofFederal pennits in the state for those provisions. 

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Memorandum ofAgreement Page 6 of 13 Revised 09117/96

# e B. 

### EPA Overview ofState 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 Idaho's RCRIS generated Six Quarter Plan, annual State Grant Work Plan and the.State's Program Description. EPA may commentin writing on any draft permit or proposed permit modification, whether or not EPA commented on the pennit application, within forty-five (45) days ofits receipt. EPAshould be t' 

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

### betied 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 b. the actions that should be taken by the State in order to address the comment (including the conditions which the pennit would include ifit were issued by EPA).

. The State Director.and EPA Regional Administrator agree to meet or confer, within thepennit

, review period, whenever necessary to resolve a disagreement between their staffs on the terms ofany .

State-issued pennit. EPA shall send a copy ofits written comments to the pennit applicant. EPA shall withdraw such comments when satisfied that the State has met or refuted its concerns and shall also provide the permit applicant with a copy ofsuch withdrawal. Under §3008(a)(3) ofRCRA, 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 ofa violation ofa State Program requirement. 

### In exercising these authorities, EPA will observe the conditions established in 40 CFR 271.19(e). The State agrees to provide EPA with the following information in the timeline as specified for sites identified in the Annual State Grant Work Plan. Copies offacility permit applications, revisions, additions, and permit modification requests. Copies ofNODs, final draft permits, proposed permit modifications, public notices, fact sheets. Copies offinal permit or permit modifications. Within fifteen (15) working days ofreceipt.

Within fifteen (15) working days ofcompletion and at least seven (7) 

### working days prior to public notice or a mutually agreed time frame. Within ten (10) working days of completion. Memorandum ofAgreement Page 7 of 13 Revised 09/17/96Copies ofpermit appeals, responses and resolution. Copies ofclosure plan approvals, public notices, and permit determinations. Within fifteen (15) working days ofreceiptor completion.

.Withinten (10) working days of

completion and at least seven (7) .. working days prior to public notice or a mutually agreed time frame.


# I 

# J I While 40 CFR 271.19 provides specific procedures for EPA review and comment on State-issued permits which will be followed at a minimum, as indicated above, 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 interpretation/review requests will include a desired time frame, not less than thirty (30) calendar days, within which the State would require EPA's response. . 2. EPA will; within the time frame specified, provide the State an appropriate written response or a written notification that additional time is required to complete the request. 

### 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 ofthe 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. 

### "'0'

In accordance with Idaho Code §39-4409(2), the granting ofinterim status or final permits prior to State authorization shall be adopted by the Idaho Department ofHealth and Welfare (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 ofthe State's program in accordance with IDAPA §§16.01.05.913 

### et seq., the State equivalent to 40 CFR Part 124, the Idaho Administrative Procedure Act, Idaho Department of Health and Welfare Rules and Standards, Title 5, Chapter 3, "Contested Cases and Declaratory Rulings" and to include as permit conditions all applicable provisions ofIDAPA §§ 16.01.05.013 

### et seq. This agreement also applies to permits issued after final authorization but for which the processing may have begun before final authorization. The State agrees to use EPA equivalent permitting procedures'contained in IDAPA §§ 16.0 1.05.012 and 05.013 in the performance ofpermit issuance, modification, denial, termination or reissuance. 

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Memorandum ofAgreement Page 8 of 13. Revised 09/17/96

### 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 Stateagrees 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. JointPermitting Process Pursuantto 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'sprogramis amended to reflectthose requirements and prohibitions and authorization is received for the portion or portions ofthe State Program. EPA and IDHW hereby establish thisjointpermitting process for the issuance ofRCRA permits in Idaho. This joint permitting process is established in accordance with §3006(c)(3) of RCRA. A determination on which sites may require joint permitting will be made by the State and EPA. Accordingly, revisions to the State Grant Workplan will be negotiated at least annually. 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. The State shall be responsible for notifying EPA in situations in which the State is unable to act as the administrative lead agency. For such permit modifications the State shall be responsible for the preparation ofall related documents. EPA shall provide written confirmation/agreement on proposals and interpretations resulting fromunauthorized HSWA requirements. All correspondence and permit modifications resulting from an unauthorized HSWA requirement will bejointly signed by EPA and the State. The resulting additional workload to the State will be identified and negotiated in the annual State Grant Work Plan and Six Quarter Plan. Upon authorization of the State for provisions of HSWA, the specifics of the joint permitting process as set in the annual State Grant Work Plan shall be amended to reflect that authorization. 

### 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 coordinateto 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 Actof 1966 U.S.c. 1531, et seq. 

### (including the consultation provision ofsection 7); The Coastal Zone Management Act, 16 U.S.C. 1451, et seq.; 

### and The Fish and WildlifeCoordinationAct, 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.

Memorandum ofAgreement Page 9 of 13 Revised 09/17/96VI. 

### PERMIT ADMINISTRATION 

### A. EPA EPA will administer the enforcement, modification, revocation, reissuance, and termination of those portions of joint StatelEPA 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 Program under Idaho Code §§39-4409 

### et seq., Idaho Administrative Procedures 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 joint EPAJState issued permit shall be adopted and be fully enforceable as State permit requirements prior to and after the date ofState authorization, whether or not the permit has been reissued as a State-only permit. EPA HSWA requirements which govern interim status and permitted facilities that have not been 

# Ch)o 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. By signing this Agreement, the State agrees to utilize the National Corrective Action Strategy in accordance with the annual RCRA Implementation Plan. 

### VII COMPLIANCE MONITORING AND ENFORCEMENT A. EPA Nothing in this Agreement shall restrict EPA's right to inspect any hazardous waste generator, transporter or treatment, storage, and disposal (TSD) facility or bring enforcement action against any person believed to be in violation ofthe State or Federal hazardous waste program or believed to have a release ofhazardous waste or constituent. Before conducting an inspection ofa generator, transporter or TSD facility, EPA will provide the State at least seven (7) 

### days notice ofthe intent to inspect in accordance with 40 CFR 271. 8(b)(3)(i). If the State makes notice to EPA that an inspection will be made, with an Memorandum ofAgreement Page 10 of 13 Revised 0911 

### 7/96

### inspection report provided in compliance with time frames outlined in the 1996 Enforcement Response, Policy, no EPA inspection will be made, unless the Regional Administrator deems the State actions inadequate. In case of an imminent hazard to human health and/or the environment, the Regional Administrator may shorten or waive the notice period. ' TSO facility inspections wili be negotiated annually in accordance with the State Grant Work Plan and the Compliance Assurance Agreement. The frequency ofEPA oversight and training inspections will

### bespecifiedin the annual State Grant Work Plan. EPA will negotiate on an annual basis the number ofinspections in which EPA will accompany the State. The EPA may take enforcement action against anypersondetermined to be ,inviolation ofRCRA in accordance with §3008(a)(2) or upon request by the State. EPA will take enforcement action upon -determiningthat 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 tothe State. EPA also retainsits 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 of that permit. In addition, EPA may take action under RCRA §3008 against a holder ofa State-issued permit on the groundsthat the permittee is not complyingwith 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.

## ,a.~ B. State

,.:,-,'".'**--~',~.** 

### The State agrees to carry out a timely and effective program for monitoring compliance of generators, transporters, and TSD facilities, including federal facilities with applicable program requirements (see 40 CFR 271.15). As part ofthis program, the State will conduct inspections to assess compliancewith generator and transporter standards (including manifestrequirements), facility standards, permitrequirements, compliance schedules, and all otherprogram 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 orjointlyissued permits, and all State regulations. TSD facility inspections will be negotiated annually in accordance with the State Grant Work Plan and the Compliance Assurance Agreement. Inspections which revealviolationsof EPA regulationswhich the State has not yet adopted will be referred to EPA for further action, the exception being for State-issued 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 ofthe terms and conditions of Federal permits. Memorandum ofAgreement Page 11 of 13 Revised 09/17/96The State agrees to take timely and appropriate enforcement action in accordance with specific

# C~ timelines as projected in the Compliance Assurance Agreement or annual State Grant Work Plan against

### 'i~ii'{ all persons in violation ofgenerator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all other program requirements, including violations detected by State or Federal compliance inspections. Voluntary Compliance Assurance / Technical Assistance inspections will not typically conclude with an enforcement action. The State will maintain procedures for receiving and ensuring proper consideration of information about violations submitted by the public. The State agrees to retain all records for at least three years unless there is an enforcement action pending. In that case all records' will be retained until such action is resolved. 

### VIII. AVAILABILITY OF INFORMATION (§3006(f) A. General Section 3006(f) ofRCRAprovides that States may be authorized by the Administrator under this section ifthe State Program provides for the public availability of information obtained by the State regarding facilities and sites for treatment, storage, or disposal of hazardous waste; and that such information is available to the public in substantially 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 Consistent with the Federal Freedom of Information Act (FOIA), 5'U.S.c. 552(a)(2), the State 1.



### ..... • ·t. agrees to make certain: materials routinely available to the public without a 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, copiesofspeeches, pamphlets, and educational materials. 2. The State Agency agrees to make reasonable efforts to assist a requestor in identifying records being sought and to help the requestor formulate his or her request. ' 3. If a request for information is denied, the State agrees to provide the requestor the basis for the denial and notification ofStatejudicial procedures, including statutes oflimitation. 4. The State agrees to make the fullest possible disclosure ofrecords to the public, subject to any ofthe exemptions under the Federal FOIA recognized by the State and the Idaho Public Records' Act, Idaho Code §§ 9-337 

### et seq. 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·

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# '-.....- Memorandum ofAgreement Page 12 of 13 Revised 09117/96• + .• '. ), ;;'.

"." 

### C. Confidentiality ofBusiness Information The State agrees to determine whether a record constitutes

# a trade secret pursuant to Idaho Code §9-340(2)within three (3) days, or, upon notice to the requestor not longer than ten (l0) days from receipt. ofa request for such record. Records which have not been claimed as trade secrets by a business at the 

### first opportunityat 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 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 (ora 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 forms, procedures, or priorities, as applied to §3006(f). 3. The effective date ofthis MOA is the date ofsignature by the Regional Administrator.

STATE OF IDAHO U.S. ENVIRONMENTAL PROTECTIONAGENCY DEPT. OF HEALTH & WELFARE . REGION 10

"..../

# ae~J2- BY: -I

# ~I?TJAT~ REGIONAL ADMINISTRATOR

## ~k/r;; /qqr, DATE: DATE:

Memorandum ofAgreement Page 13 of 13 Revised 09117/96