ee The parties will review the Agr-eement jointly at least once a year (and

other times as appropriate) during preparation of the annual State Grant

\-lork Program (hereinafter "State Work Program"), in connection with grant

funding under section 3011 of RCRA.

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

to ensure consistency with State or Federal program modifications made or

for any other purpose mutually agreed upon. Any revisions or modifications

must be in writing and must be signed by the State and the Regional

Adcinistrator.

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authorization is withdrawn by or is voluntarily, transferred to EPA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.

HEHORANDUl1 OF AGREEHENT

BETWEEll

THE STATE OF OREGON

AND

THE UNITED STATES El,lVIRall-1EllTAL PROTECTION AGENCY

REGION 10

EDITORIAL NOTE: For purposes of this MOA, the terms EPA "permit" and DEQ

"license" shall be considered synonymous and will simply be referred to as

pennit.

This Agreement shall become effective at the time the State's authorization

takes effect, which shall be 14 days after the date of publication in the

Federal Register.

1. GENERAL

II. POLICY STATEMENT

Each of the parties to this Agreement is responsible for ensuring that its

obligations under RCRA are met. Upon granting final authorization by EPA,

the State assumes primary responsibility for implementing the RCRA

hazardous waste program within its boundaries. EPA retains its

responsibility to ensure full and faithful execution of the. requirements of

HCRA, including direct implementation of HSWA in the event the Stat~ is not

authorized to act. EPA also retains full authority and responsibility for

implementation of RCRA on Indian lands in Oregon. 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 of the State program.

Section 3006(g) of P~WA provides that hazardous waste reqUirements and

prohibitions pursuant to HSWA are applicable in authorized States. Wlule

EPA retains responsibility for the direct implementation of those

prOVisions of HSWA which the State is not authorized to implement, it is

the intention of EPA and the State to coordinate the implementation of such

provisions to the greatest degree possible.

EPA assumes an oversight role upon granting final authorization to the

State. EPA will oversee State program implementation 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 the 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, file

reViews, audit inspections and periodic (at least annual) review of State's

programs.

'I'his l·lemorandum of Agreement (hereinafter "Agreement") establishes

policies, responsibilities, and procedures pursuant to 40 CFR 271.8 for the

State of Oregon's Hazardous Haste Program (hereafter "State Program")

authorized under Section 3006 of the Resource Conservation and Recovery Act

(hereinafter "RCRA" or "the Act") of 1976 (42 USC 6901 et seg.) as

atlended(Public Laws 94-580, 96-982, 98-616) and the United States

Environmental Protection Agency (hereafter 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 Of

the State program, and pending State authorization, EPA's admir.istration of

the provisions of the Hazardous and Solid Waste Amendments of 1984 (HSWA).

This agreement is entered into by the Director of the Department of

EnVironmental Quality, the Environmental Quality Commission, and the Public

Utility Commissioner (hereinafter "Director" or "the Sta te") and the

Regional Administrator, EPA Region 10 (hereinafter "Regional Administrator"

or "EPA). For administrative purposes, the Department of Environmental

Quality will serve as lead agency to simplify coordination and

communication between the State and EPA.

Hothing in this agreement shall 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 State acknowledges that EPA may establish and utilize oversight

criteria, procedures, protocols and measures in evaluating the State's

compliance and enforcement program. For this purpose, EPA will utilize the

follOWing documents:

1. Interim National Criteria for a Quality Hazardous Waste

Management Program (May 1984).

2. DEQ Enforcement Guidelines and Procedures for the Hazardous Waste

Program (November- 1985).

ZP2663 -2-

ZB2663 -1-
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

equivalence and consistency with RCRA, with this Agreement, and with

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 Work Program, permit overview, compliance and

enforcement overview, inspections and investigations 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 the State.

To ensure effective program review, the State agrees to allow EPA

access to all files and other information requested by the Regional

Administrator and deemed necessary for reviewing State program

administration and enforcement.

Review of .the Department of Environmental Quality and Public Utility

Commissioner files Day be scheduled at quarterly intervals. Program

review meetings between the State and. the Regional Administrator or

their assignees will be scheduled at reasonable intervals not less

than annually to review specific operating procedures and schedules,

to resolve problems· and to discuss mutual program concerns. These

meetings will be scheduled at least· fifteen 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 identify priority activities on an annual

basis as part of the development of the state grant work program.

IV. ItWORMATION SHARING

A. General

As the national hazardous waste program matures, the respective roles

and responsibilities in this State/Federal partnership will become

more clear. As the respective information needs of the State and EPA

evolve, changes to this section of the Agreement may be appropriate.

During the annual review of this agreement, the State and the Regional

Administrator will carefully examine the following information sharing

provisions for needed revision.

ZE2663 -3-
E. EPA

1. EPA will keep the State informed of the content and ~eaning of

Federal statutes, regulations, guidelines, standards, policy

decisions, directives, and any other factors that affect the

State Progr~. 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.

EPA will also forward, on a monthly basis, notification

information (including newly assigned EPA identification numbers)

submitted by persons in the State who file such forms after the

effective date of this Agreement. This information will be

sub~itted to the Director within ten days of the end of each

month for the preceding month.

3. EPA agree~ to assign EPA identification nu~bers to generators

(including small quantity generators), transporters and to owners

and operators of hazardous waste treatment, storage, and disposal

facilities sUbmitting notifications to the State after the

effective date of this Agreement. EPA will do this after

receiving a copy of the notification information from the 'State

as provided in Section IV.C.7 of this Agreement.

•

4. EPA agrees to transfer to the S,ta te any pending Part A and Part' B

hazardous waste management facility permit applications

origina·lly submitted'to EPA pursuant to 40 CFR 270 ..'0 by

facilities located in the State and which have not already been

transferred to the State, together with all pertinent file

information. Pertinent file information includes applications

(including accompanying narratives, plans, maps, etc.), draft

permits, public notices, administrative notices, fact sheets and

correspondence. Such materials will be provided within thirty

days after the effective date of this agreement and according to

any arrangements the State and the Regional Administrator may

make regarding the priority of transfer.

5. EPA will also provide to the State, within five days of receipt,

Part A and Part B permit applications submitted directly to EPA

by persons in the State after the effective date of this

Agreement.

6. EPA agrees to make available to the State copies of any reports

and data resulting from compliance inspections within thirty

days of the inspections.

7. EPA will make available to the State other relevant information

as requested which the State needs to implement its approved

program.

8.

ZP2663"

EPA agrees to provide the State with copies of EPA enforcement

actions upon their issuance.

-4-
ee c.

,.

2.

3.

4 •

The State agrees to infor~ the Regional A~inistrator of any

proposed and adopted program changes which would affect the

State's ability to impl~ent the authorized program. Progr~

changes of concern include modification of the State's legal

authorities (i.e., statutes, regulations and judicial or

legislative actions affecting. those authorities), modifications

of memoranda of agreement or understanding with other agencies,

and modifications of resource levels (i.e., available or budgeted

personne 1 and funds). The State recognizes that program

revisions must be made in accordance with the provisions of

40 CFR 211.21 and that until approved by EPA, revisions are not

authorized as RCRA Subtitle C requirements.

The State will provide compliance monitoring and enforcement

information to the Regional Administrator on a routine basis as

specified in the State Work Program.

As specified in the State Work Program, the State will routinely

provide the Regional Administrator with infor~ation indicating

the status of the State's facility permitting activities. The

Regional Administrator will be especially concerned with

facility-specific information on the folloWing milestones:

Date permit application requested

Date permit. application is reviewed· for completeness

Date of issuance of notice'of' deficiency

Date of receipt of additional information in response to

notice of deficiency

Date complete permit application received

Date of Public Notice

Date of permit application withdrawal (and reason)

Date of permit issuance/denial

The State agrees to submit the following reports to the Regional

Administrator within the specified time periods:

o Biennial report summarizing the quantities and types of

hazardous waste generated, transported, treated, stored, and

disposed in the State as specified in the RCRA GUidance, by

October 1 of each even-numbered year.

o Additional reports as negotiated in the State Work Program.

ZB2663

5. Where the State program involves the granting 'of variances or

waivers, the State agrees to provide EPA with, a copy of each

State variance or waiver for review and comment two weeks before

they are granted.

-5-
6. For those activities and facilities requ~r~ng a ReRA permit,

the State agrees to provide EPA with the following information

within the time frames described:

o

o

o

Copies of facility permit

applications, revisions

and additions, and closure

plans submitted prior to

final administrative

disposition of permit

applications.

Copies of draft permits,

proposed.permit modifications, public notices

Copies of final permit

or permit modifications

Within fifteen working

days of receipt

Within five working

days of completion

Within five working

days of completion

7. So that EPA can issue EPA identification numbers and maintain a

national inventory of all hazardous waste handlers, the State

agrees to provide EPA with the following notification information

submitted to the State after the effective date of this Agreement

by a new hazardous waste generators (including small quantity

generators), transporters and treatment, storage and disposal

facilities in the State:

name and location of the handler

mailing address of the handler

name and t'eLephone number of a contact person

type of hazardous waste activity

process codes (if the handler is a TSDF)

The State is responsible for receiving, processing and verifying

notification information.

The State will also submit any updates or changes in previously

submitted notification information. This information will be

prOVided to the Regional Administrator within ten days of receipt

of the information.

ZB2663

8. The State agrees to provide EPA, within thirty days following the

date of inspection, with copies of reports and data resulting

from EPA oversight inspections and from inspections of the

following facilities:

a. Six land disposal facilities -

CSSI Arlington

Tektronix (Beaverton)

Permapost

Allied Plating

Boeing of Portland

Electronic Controls Design

-6-
D.

E.

The purpose here is to facilitate and ensure a cooperative effort

on the disposition of permit applications for high-priority

facilities.

b. Two facilities which may receive wastes from CERCLA

response actions -

Baron-Blakeslee

Van Waters and Rogers

The purpose here is to accommodate EPA's semiannual

inspection requirement for such facilities.

9. Reports and data resulting from all other State compliance

monitoring activities not identifed in paragraph 8 above will be

made available to EPA upon request.

10. The State agrees to provide EPA with copies of enforcement

actions, except for Notices of Violation, upon their issuance ..

Site Visits

EPA is responsible for maintaining reliable national data on hazarQous

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 EPA determines

that it needs to obtain ·certain information, EPA will normally first

seek to.gain this information from the State. The State agrees to

supply the Regional Administrator with thi~ information if rea~ily

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 surveyor perform information

collection site visits after notifying the State. EPA will share with

the State any national reports developed by EPA as a result of such

information collection.

Emergency Situations

Upon receipt of any information 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(ies) to this

Agreement of the existence of such situation. The Department of

Environmental Quality and Public Utility Commissioner shall notify the

Director of EPA's Oregon Operations office (221-3250). The

Environmental Protection Agency shall notify the Supervisor of the

Department of Environmental Quality's Hazardous Waste Program «503)

229-5913) or the appropriate Administrator of the Public Utility

Commissioner's Motor Carrier «503) 378-6736) or Rail Carrier

«503) 378-6204) Division.

ZB2663
F. Confidentiality

1 . Any infor~ation obtained or used in the administration of the

State program shall be available to EPA upon request without

restriction. If the information has been submitted to the State

under a claim of confidentiality, the State must submit that

claim to EPA when providing information. Any information

obtained from a State and subject to a claim of confidentiality

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 submitted under a claim of confidentiality and which the

State needs to implement its program. Subject to the, conditions

in 40 CFR Part 2, EPA will furnish the State information

sub~itted to EPA under a claim of confidentiality which the State

needs to impl~ent its program. All information EPA agrees to

transfer to the State will be transferred in accordance with the

require~ents of 40 CFR Part 2.

v.

A.

PERMIT ISSUANCE

EPA Permitting

Upon final authorization of the State program, EPA will suspend

issuance of joint Federal/State permits for those aspects of the

program for which the Sta.te is' receiving authorization:

EPA intends to add permitting standards for processes not currently

covered by the Part 264 standards. For example, the Part 264

standards do not currently cover treatment and storage of hazardous

waste in certain types of underground tanks. When EPA does promulgate

standards for additional processes, one of the following permitting

strategies will be selected and followed on a case-cy-case basis:

(1) EPA will process and enforce a Federal RCRA permit in the State in

the new area until the State receives final authorizatio~ of

equivalent and consistent State standards, or (2) EPA and DEQ will

process and enforce a joint Federal/State ReRA permit in the new area

if State authority is adequate to proceed immediately with joint

permit issuance. At the time the State program is approved in the new

areas, EPA will suspend issuance of joint Federal/State permits in the

State. EPA will also transfer any pending permit applications,

completed permits or pertinent file information to the State within

thirty days of the approval of the State program in 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 identified

by the State and EPA as major facilities for permit overview.

ZB2663 -8-
EPA may comment in writing on any draft permit or proposed permit

modification, whether or not EPA commented on the permit application,

within forty-five days of its receipt. Where EPA indicates in a

comment that issuance of the 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 regulations that support the comment); and

(b) The actions that should be taken by the State in order to address

the comments (including the conditions which the permit would

include if it were issued by EPA.)

EPA shall send a copy of its written comments to the permit 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 Section 3008(a)(3) of RCRA, EPA may terminate a State issued

permit in accordance with the procedures of 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).

C. State Permitting

The State is responsible for expeditiously drafting, circulating for

applicant review and comment, circulating for public review anti comment,

issuing, modifying, reissuing and terminating RCRA permits for all

hazardous waste treatment, storage and disposal facilities in the State,

and shall do so in a manner consistent with RCRA, with this Agreement, with

all applicable Federal requirements, and with the State's Program

Description. State agrees to call in new permit applications according to

schedules that may be established in annual work programs.

The State agrees to issue, modify and reissue all permits in

accordance with Oregon Revised Statutes, Chapter 459 and Oregon

Administrative Rules, Chapter 340, Division 100 through 108. This

agreement also applies to permits issued after final authorization but

for which the processing may have begun before final authorization.

The State agrees not to use its broader waiver, variance or exemption

authorities so that they will result in the imposition of any

requirement less stringent than comparable Federal program

r-equrr-eaent.s ,

The _State agrees that any compliance schedules contained in permits it

issues will require compliance with applicable standards as soon as

possible.

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

=odification, or draft permit in writing before issuing the permit or

making the modification.

ZE2663 -9-
D. Joint Permitting

Pursuant to Section 3006(g)(1) of RCRA and in accordance with HSWA,

EPA has the authority to issue or deny pe"rmits (or those portions of

permits) to facilities in Oregon for the requirements and prohibitions

in or promulgated pursuant to HSWA until the State's program is

amended to reflect and receives authorization for those portions of

the program. To the extent allowed by State authority and

regulations, such permits (or portions of permits) will be jointly

issued by EPA and DEQ.

In accordance with Section 3006(c)(3) of HCRA, and as resources allow,

DEQ will 'participate in the administration of HSWA provisions prior to

receiving authorization for HSWA requirements. DEQ's participation

will be negotiated on a facility-specific basis through facility

management plans, included in the annual work program. Facility

management plans will be mutually reviewed and revised when necessary.

VI. PERMIT AD~UNISTRATION

A. EPA

Upon granting of final authorization, EPA will notify all joint

Federal/State permittees that the Department of Environmental Quality

will have prime responsibility for the future administration and

enforcement of said. joint permits.

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 Oregon Revised Statutes, Chapter 459 and

Oregon Administrative Rules, Chapter 340, Divisions 100 through 108.

The State agrees to modify or revoke and reissue these State permits

as HCRA permits upon the expiration date of these permits.

VII., COMPLIANCE MONITORING AND ENFORCEHENT

A. Compliance Monitoring

The State agrees to operate a timely and effective compliance

monitoring system to assess and monitor compliance with facility

standards and generator and transporter requirements. The State's

compliance monitoring program is more fully described in its Final

Authorization Application: Program Description - Section E and in the

State's compliance and enforcement strategy.

The State will monitor, evaluate, and take appropriate action for

violations of all reporting requirements oy hazardous waste

generators, transporters, and facilities under the State program.

This shall include a timely substantive review of such reports to

determine the compliance status of persons filing the reports. Tne

ZB2663 -10-
Sta te 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.

The State agrees to carry out a program for monitoring the compliance

by generators, transporters, and management facilities with applicable

program requirements (see 40 CFR 271.128). Compliance inspections

will be done to ascertain whether a generator, transporter or

canagement facility is meeting manifest requirements, generator and

transporter requirements, and facility standards for closure/postclosure, insurance liability, ground water monitoring and other

activities as defined in the annual State Work Program.

EPA may conduct compliance inspections of all hazardous waste

generators, transporters, and facilities. Nothing in this Agreement

shall be construed to restrict EPA's right to inspect any facility,

generator, or transporter. Furthermore, EPA may conduct oversight

inspections, attend certain inspections conducted by the State,

conduct inspections pursuant to the requirements of P.L. 98-616, or

may inspect State-owned facilities after notifying the State of

impending inspections and inviting the State to attend. To the extent

possible, all EPA inspections will be conducted jointly with State

personnel and after appropriate prior notice is provided to the State.

Oversight inspections may be conducted for the following purposes: to

assess the quality and completeness of State inspections, including

both procedural and technical aspects; to determine facility

compliance with applicable State requirements; and to exchange

information, thereby strengthening State/EPA relations.

Criteria that will be used by EPA to select facilities for oversight

inspections include: suspicion of violations, unresolved violations,

nature of the violations, geographic location and availability of

travel funds, experience and record of the respective inspectors

involved, status (major vs. non-major) and type of facility, status of

permit actions, status of groundwater monitoring, status of

closure/post-closure, suspicion of continuing or prior releases, and

State inspection schedUling.

General criteria for EPA's evaluation of State inspectors' performance

include: the level of regulatory knowledge, ability to obtain and

evaluate information, application of appropriate regulatory

requirements, appropriate ~etermination of facility type, field

documentation practices, procedural aspects of inspections, adequacy of

technical reviews, and post-inspection documentation practices

(inspection findings and report content).

EPA's primary role in oversight inspections is to evaluate performance

of State inspectors. A secondary purpose is to determine facility

compliance. Specific arrangements between the State and EPA inspectors

will be agreed upon prior to the site inspection. The State inspector

will be the lead inspector during a joint oversight inspection. The

EPA inspector may participate as necessary to clarify issues, e~aluate

violative practices, document findings, and otherwise complete the

inspection.

ZE2663 -11-
After EPA receives the State inspector's report - within 30 days of the

joint oversight inspection - EPA will prepare and send to the State

within an additional 15 days a memorandum sumcarizing its findings.

These findings will also be used to assess the quality of the

compliance inspection.

Inspections other than those provided for in the annual work program or

otherwise carried out as oversight inspections will be performed by DEQ

or EPA if there is urgent reason. The following situations are

examples: compliance follow-up for clarification, inspection to

perform field sampling, or investigating suspected violations. DEQ

will perform these sudden and urgent inspections and report to EPA in

accordance with timelines negotiated between EPA and the State on a

case-by-case basis. If DEQ is unable to meet a time schedule that EPA

feels is imperative, EPA may, after notifying DEQ, perform the

inspection.

B. Enforcement Actions

The State agrees to take timely and appropriate enforcement action

against persons in violation of generator and transporter standards

(including manifest requirements), facility standards, permit

requirements, compliance schedUles, and all other program requirements.

This includes violations detected by State or Federal compliance

evaluation inspections. The State's enforcement program is more fully

described in its Final Authorization Application: Program Description -

Section E, and in the State's Hazardous Waste Enforcement Guidelines and

Procedures. .

The State shall have and agrees to take the enforcement lead with

appropriate enforcement action against persons in violation of any

State program requirement, including but not limited to violations

detected by State or Federal inspections. The State will maintain

procedures for receiving and ensuring proper consideration of

information about violations submitted by the public.

Appropriate State enforcement response may include notice of violation

for any violation followed by timely initiation and prosecution of

enforcement proceedings which may be, as determined on a case-by-case

basis, administrative or judicial in nature, or other administrative

re~edies as prescribed by State laws.

The Regional Administrator may take enforcement action against any

person determined to be in violation of ReRA in accordance with Section

3008(a)(2). EPA will follow the general principles for Federal action

as contained in the Policy Framework Document (Alvin Aim memorandum of

June 28, 1985). The lack of timely and appropriate State enforcement

action would be the principal reason for direct Federal enforcement

action.

The parties agree to cake available to each other, within 30 days of

any enforcement action, any letters, orcers, notices or other

correspondence resulting therefrom.

ZB2663 -12-
C. Advance Notification and Consultation

EPA and the State agree to follow the protocols for agency notification

and consultation established in the Policy Framework Document (Alvin

Alm memorandum of June 20, 1984). Agency actions will be guided by a

policy of "no surprises." Specifically, the following procedures will

be followed:

1. Notice of the State's proposed inspections will be submitted to

the Chief, Waste Management Branch of EPA, thirty days prior to

the beginning of each State fiscal year.

2. Notice of selected EPA oversight inspections will be furnished to

the Manager, Hazardous Waste Section of DEQ, within thirty days

following receipt of the State's inspection list. Any

modifications will be made in writing. Confirmations of oversight

inspections will be made prior to the beginning of each quarter.

3. In advance of EPA initiating any independent Federal enforcement

_ action, EPA will notify and consul t in good faith with the Sta te

to attempt to arrange for the State to take an appropriate

enforcement action in lieu of the EPA action. Such notification

will be given to the Manager, Hazardous Waste Operations Section

of DEQ and will provide the State with an adequate opportunity,

generally at least two weeks, to take the desired action. In

general, the quarterly compliance review meetings provided for in

paragraph C.4. below will serve as the focal point for·

notification and discussion of potential Federal enforcement

actions. If as a result of this notification and consultation,

the State and EPA do not reach agreement on an acceptable

enforcement action, the Director, Hazardous Waste Division of EPA

will attempt to reconcile any outstanding differences with the

Administrator, Hazardous and Solid Waste Division of DEQ prior to

proceeding further. In no case will EPA issue an order or

commence a civil action in the State without providing to the

State the written notice required pursuant to Section 3008 of

RCRA.

4. Compliance program review meetings will be held between

appropriate program managers and staff to discuss technical or

policy problems, resolve disagreements, establish plans of action,

etc. Normally, these meetings will be scheduled no more

frequently than quarterly, and may be held alternately at State

and EPA offices. Other information meetings may be held to

discuss specific matters as needed.

5. State and Federal compliance files are open for review at any time

to appropriate compliance personnel unless other restrictions

apply. EPA will make enforcment-sensitive information available

to the State at the Oregon Operations-office.

6. Press releases will be combined, as much as practicable, and

coordinated through appropriate offices. At least three days

notice will normally be given prior to issuing combined releases.

ZB2663 -13-
VIII. PUBLIC PARTICIPATION

The State will provide for public participation in the State

enforcement process by assuring it will:

A. Investigate and provide written response to all citizen

complaints duly submitted.

B. Not oppose intervention by any citizen in a state civil

enforcement action brought in a court where permissive

intervention may be authorized by statute or rule; and

C. Publish notice of and provide at least 30 days for public comment

on all proposed settlements of state civil enforcement actions

brought in a court, except in cases where a settlement requires

some immediate action (e.g., cleanup) which if otherwise delayed

could result in substantial damage to either public health Or the

environment.

STATE OF OREGON

DEPT. OF ENVIRONI1ENTAL QUALITY

BY:X \~V\e:\~. DATE: \\\()\cglo , ..

STATE OF OREGON

ENVIRONMENTAL QU ITY COMMISSION

STATE OF OREGON

:~L:a:~

DATE: ~. 3'-',I (?r.,rBY:

DAT

u.S. ENVIRONMENTAL PROTECTION AGENCY

REGION 10

BY : c::y \-..v--.\-{~WV0--

DATE: Il"1.--1.lC\({p

ZB2663 -14-