MEMORANDUM OF AGREEMENT BETWEEN 

THE STATE OF IDAHO 

AND 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

I. GENERAL 

This Memorandum ofAgreement (hereinafter "Agreement") establishes policies, responsibilities, 

and procedures pursuant to 40 CFR 271.8 for the State ofIdaho Hazardous Waste program (hereinafter 

"State Program") authorized under §3006 of the 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 of the State Program and pending State 

authorizationand EPA's administration ofthe non-delegated provisions ofthe Hazardous and Solid 'Waste 

Amendments of 1984 (HSWA). For purposes of this Agreement, references to "RCRA" include HSWA. 

This Agreement is entered into by the Administrator, Division of Environmental 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 of Environmental Quality will serve as lead 

agency to simplify coordination and communication between the State and EPA. Nothing in this 

Agreementshall be construed to restrict in any way EPA's authority to fulfill its oversight and enforcement 

responsibilities under RCRA. Nothing in this Agreement shall be construed to contravene any provision 

of 40 CFR Part 271. 

The parties will review this Agreement jointly at least- once a year (and other times as 

appropriate) during preparation of the annual State Grant Work Plan, in- connection with grant funding 

under §3011 ofRCRA. 

This Agreement may be modified upon the initiative of either party in order to ensure consistency 

with State Program modifications 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withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures established in, 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 of Agreement
 

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This Agreement shall be executed by the DEQ Administrator and the Regional Administrator and C> 

shall replace the Memorandum of Agreement 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 coordination between 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 of those provisions of HSWA which the State is not authorized to implement, it is the 

intention ofEPA and the State to coordinate the implementation ofsuch provisions to the greatest degree 

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 for joint efforts to prevent and mitigate environmental problems associated with the improper 

management of hazardous 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 of information submitted by the State in accordance with 

this Agreement and the State Grant Work Plan, permit overview, compliance and enforcement overview, 

national hazardous waste database review, and annual review of State 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 of any such comments received by the 

Regional Administrator will be provided to theState. 

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Memorandum "-
 ofAgreement
 

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To ensure effective program review, the State agrees to· allow EPA access to all files and other -,"C- 0. .., information requested as deemed necessary by EPA for reviewing State Program administration and 

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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 of Priority 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 of hazardous waste. These criteria 

will be based on guidance issued by EPA in the annual Agency Operating Year Guidance/RCRA 

Implementation Plan 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 

StatelEpA partnership will become more clear. During the annual review ofthis Agreement the State and 

EPA will carefully examine the following information sharing provisions for needed revisions. 

B.	 EPA 

1.	 EPA will keep the State informed of the content and meaning of federal statutes, regulations, 

guidelines, standards, policy decisions, directives, and any other factors that may affect the State 

Program. EPA will also provide general technical guidance to the State. EPA will share with 

the State any national reports developed by EPA from the data submitted through State reporting 

requirements. 

2.	 The State and EPA have agreed to a joint permittrng process (see. Section V ~D of this 

Agreement). Under this process the State and EPA have established policies and procedures by 

which each will pursue their respective and/or joint responsibilities under HSWA. 

The State and EPA agree to the sharing of information 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 of information on the 'following: 

Memorandum of Agreement
 

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a. Part A and Part B permit applications, whether received"prior to the effective date ofthis 0...., 

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 of permit denials. 

3.	 EPA agrees to make available to the State copies of any reports and data resulting from 

compliance inspections within sixty (60) days of completion 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 of 40 CFR Part 2. At the discretion ofthe Regional Administrator, "made available" 

may mean temporary access in lieu of actual 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 of concern include '-'" 

modification ofthe State's legal authorities (i.e., statutes, regulations and judicial or legislative 

.actions affecting those authorities), modificationsofMemoranda ofAgreement or Understanding 

with other agencies, 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 of 40 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 of reports the State will make in order for EPA to maintain oversight of 

the implementation ofthe State's authorized program. Such reporting shall include, but not be 

!imited to, the following: 

a. Compliance monitoring and enforcement information; 

b. Corrective action activity; 

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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. Information provided to EPA will be subject to 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 of actual delivery to EPA. 

6.	 The State agrees to provide EPA with a copy of each State decision regarding variances, waivers, 

and delisting petitions at the time such requests are granted. The State agrees to provide EPA 

with a copy of each proposed variance, waiver, or deli sting submittal at the time it is received. 

If granting ofavariance, waiver, or delisting would impair the State's equivalency; i.e., impose 

standards less stringent than RCRA, the EPA will confer with the State to resolve these issues. 

The State agrees not to issue a waiver, variance, or delisting which would render the State 

Program less 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. If additional information is required, EPA will seek 

to gain this information from the State. The State of Idaho agrees to supply the Regional Administrator 

with this information if readily available and as resources allow.. If the State is unable to provide the 

information or if it is necessary to supplement the State information, EPA may conduct a special survey 

Memorandum 'of Agreement
 

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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 of such information collection. ,,' ":~' . .';-,",.=-.;.~.~:;

E.	 Emergency Situations 

Upon receipt of any information indicating that the handling, storage, treatment, transportation, 

or disposal of hazardous waste is endangering human health or the environment, the party in receipt of 

such information shall immediately notify by telephone the other party to this Agreement ofthe existence 

ofsuch situation. The State shall notify the Director ofEPA's Idaho Operations Office [(208) 378-5750]. 

The EPA shall notify the Administrator 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 of 40 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 of affected 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 of the authorization of the State in conformance with the 

conditions ofthis Agreement. 

The State.and EPA have agreed to a process for joint permitting and enforcement of pennits (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 HSWA provisions, 

EPA will suspend issuance of Federal pennits in the state for those provisions. L\ 

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e B. EPA Overview of State Permits' ,.~

.~-- While EPA may comment on any permit application or draft permit, EPA's overview function 

will focus primarily on those facilities identified by the State and EPA in Idaho's RCRIS generated Six 

Quarter Plan, annual State Grant Work Plan and the.State's Program Description. 

EPA may comment in writing on any draft permit or proposed permit modification, whether or 

not EPA commented on the pennit application, within forty-five (45) days of its receipt. EPA should be t' 

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

should be tied to the State's public participation process. Where EPA indicates in a comment that issuance, 

modification,reissuance,termination or denial ofthe permit would be inconsistent with the approved State 

Program, EPA shall include in the comment: 

.	 . 

a.	 a statement of the reasons for the comment' (including 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 in order to address the comment (including 

the conditions which the pennit would include if it 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 of any . 

State-issued pennit. EPA shall send a copy of its 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 of such withdrawal. 

Under §3008(a)(3) of RCRA, EPA may terminate a State-issued permit in accordance with the 

procedures of 40 CFR Part 124, Subpart E, or bring an enforcement action in accordance with the 

procedures of 40 CFR Part 22 in the case of a violation of a 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 of facility permit 

applications, revisions, 

additions, and permit 

modification requests. 

Copies ofNODs, final draft 

permits, proposed permit 

modifications, public notices, 

fact sheets. 

Copies of final permit or 

permit modifications. 

Within fifteen (15) working days 

of receipt. 

Within fifteen (15) working days 

of completion 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 of Agreement
 

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Revised 09/17/96
 
Copies of permit appeals, 

responses and resolution. 

Copies of closure plan 

approvals, public notices, 

and permit determinations. 

Within fifteen (15) working days
 

ofreceiptor completion.
 

. Within ten (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 of the State's program and shall do so in a 

manner consistent with RCRA, this Agreement, all applicable Federal requirements, all applicable State 

statutes and requirements, and the State's Program Description. 

"'0' 

In accordance with Idaho Code §39-4409(2), the granting of interim 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 of the 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 of permit issuance, modification, denial, termination or 

reissuance. 

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Memorandum of Agreement
 

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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. Joint Permitting Process 

Pursuantto RCRA §3006(g)(1), EPA has the authority to issue or deny permits or those portions 

of permits 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 this joint permitting process for the issuance of RCRA 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 of State 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 of all 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 be jointly 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 of the State does not relieve EPA of its responsibility for compliance with other 

Federal laws that may apply to the issuance of permits (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 Act of 1966 U.S.c. 1531, et seq. (including the consultation 

provision of section 7); The Coastal Zone Management Act, 16 U.S.C. 1451, et seq.; and The Fish and 

WildlifeCoordinationAct, 16 U.S.C. 661, et seq. The State agrees to consult with EPA when appropriate 

to determine the potential applicability of these laws to RCRA permit actions. 

Memorandum of Agreement
 

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VI. PERMIT ADMINISTRATION 

A. EPA 

EPA will administer the enforcement, modification, revocation, reissuance, and termination of 

those portions ofjoint StatelEPA permits for which the State does not yet have authority, until such time 

as the State adopts the provisions as a matter of State law. 

B. State 

The State agrees to review all hazardous waste permits which were issued under State law prior 

to the effective date of this 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 of Health and Welfare Rules and Standards, Title 5, 

Chapter 3, "Rules of Practice 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 of State 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 of the State or Federal hazardous waste program or believed to have a 

release of hazardous waste or constituent. Before conducting an inspection of a generator, transporter or 

TSD facility, EPA will provide the State at least seven (7) days notice of the intent to inspect in accordance 

with 40 CFR 271. 8(b)(3)(i). If the State makes notice to EPA that an inspection will be made, with an 

Memorandum of Agreement
 

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 of EPA oversight and training inspections 

will be specifiedin the annual State Grant Work Plan. EPA will negotiate on an annual basis the number 

of inspections in which EPA will accompany the State. 

The EPA may take enforcement action against any person determined to be ,inviolation ofRCRA 

in accordance with §3008(a)(2) or upon request by the State. EPA will take enforcement action upon 

-determining that the State has not taken timely and appropriate enforcement action or upon request by the 

State. Prior to issuing a compliance order under §3008(a) EPA will give notice 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 of a 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 of a 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, 

permit requirements, compliance schedules, and all other program requirements. Compliance monitoring 

activities and priorities will be specified in the Compliance Assurance Agreement and the annual- State 

Grant Work Plan and shall be consistent with all applicable Federal requirements and with the State's 

Program Description. 

The State will inspect on at least a biennial basis, every interim status or permitted non-federal' 

TSD facility to enforce compliance with the Idaho Hazardous Waste Management Act, State or jointlyissued 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 of the noted EPA, 

regulations. More frequent inspections may be performed at TSD facilities (i.e., land disposal, corrective 

action) as negotiated in the annual State Grant Work Plan process. ' 

Individuals in the State Program may be designated as EPA representatives under §3007 of 

RCRA so that they can inspect EPA permitted facilities for violations of the terms and conditions of 

Federal permits. 

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The 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 of generator 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) ofRCRA provides that States may be authorized by the Administrator under this 

section if the 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 ifthe Administrator were carrying out the provisions ofthis subtitle in the State. 

B.	 Requests for Information 

1.	 Consistent with the Federal Freedom ofInformation Act (FOIA), 5'U.S.c. 552(a)(2), the State .....

• ·t. 

agrees to make certain: materials routinely available to the public without a formal FOIA request. ' \.

-/ 

Examples of these materials are final opinions or orders in case adjudication, State regulations, 

statements ofAgency policy, and administrative staff manuals affecting the public. In addition, 

records prepared for routine public distribution will also be made available. Examples of such 

records are press releases, copies of speeches, 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 of State judicial procedures, including statutes of limitation. 

4.	 The State agrees to make the fullest possible disclosure of records 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 of the fee is in 

the public interest because furnishing the information can be considered as primarily benefitting 

the general public. 'c· 

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"." 

C.	 Confidentiality ofBusiness Information 

The State agrees to determine whether a record constitutes atrade 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. 

of a 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 of any 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 of signature by the Regional Administrator. 

STATE OF IDAHO U.S. ENVIRONMENTAL PROTECTION AGENCY 

DEPT. OF HEALTH & WELFARE . REGION 10 

"..../ 

BY:	 ~I?TJAT~ ae~J2- -I REGIONAL ADMINISTRATOR 

~k/r;; /qqr, 

DATE:	 DATE: 

Memorandum of Agreement
 

Page 13 of 13
 

Revised 09117/96