# ee The parties will review the Agr-eementjointly at least once a year (and other times as appropriate) during preparation of the annual State Grant \-lork Program (hereinafter "State Work Program"), in connectionwith grant funding under section 3011 ofRCRA.
This Agreement may be modified upon the initiative ofeither 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 inwriting 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This Agreement will remain in effect until such time as State program authorization is withdrawn by or is voluntarily,transferred to EPA according to the criteria and procedures established in 40 CFR271.22 and 40 CFR 271.23.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 ofpublication in the Federal Register. 1. GENERAL

II. POLICY STATEMENT
Each ofthe 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 ofthe. requirements of HCRA, includingdirect implementation ofHSWA in the event the**Stat~** is not authorized to act. EPA also retains full authority and responsibility for implementation ofRCRA on Indian lands in Oregon. The State and the Regional Administrator agree to maintain a high level ofcooperation and coordination between their respective staffs in a partnership to assure successful and effective administration ofthe 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 ofthose prOVisions ofHSWAwhich the State is not authorized to implement, it is the intention ofEPA 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 ofthe reqUirements ofRCRA, to promote national consistency in implementation ofthe hazardous waste program, to allow EPA to report to the President and Congress on the,achievements ofthe 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 associatedwith the impropermanagement ofhazardous 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 ofState's programs. 'I'his l·lemorandum ofAgreement (hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuant to40 CFR271.8 for the State ofOregon's Hazardous Haste Program (hereafter "State Program") authorized under Section3006 ofthe Resource Conservation and Recovery Act (hereinafter "RCRA" or "the Act") of 1976 (42 USC 6901 et seg.) as atlended(Public Laws94-580, 96-982, 98-616) and the United States Environmental ProtectionAgency (hereafter EPA) Regional Office for Region 10. This agreement further sets forth the manner inwhich 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 ofthe Hazardous and SolidWaste Amendments of 1984 (HSWA). This agreement is entered into by the Director ofthe Department of EnVironmental Quality, the Environmental Quality Commission, and the Public Utility Commissioner (hereinafter "Director" or "the State") and the Regional Administrator, EPA Region 10 (hereinafter "Regional Administrator" or "EPA). For administrative purposes, the Department ofEnvironmental 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 of40 CFR Part 271. The State acknowledges that EPA mayestablish 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 (May1984). 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 ofthe 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 ofState program activities. The Regional Administrator mayalso consider, as part ofthis 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 suchcomments received by the Regional Administrator will be provided to the State.
Toensure effective program review, the State agrees to allow EPA access to all files and other information requested by the Regional Administrator and deemednecessary for reviewing State program administration and enforcement. Review of.the Department ofEnvironmental Quality and Public Utility Commissioner files Daybe 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 operatingprocedures 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. Atentative agendafor the meeting will be prepared by EPA. 

### B. Identification ofPriority Activities The State and EPA agree to identify priority activities on an annual basis as part ofthe development ofthe state grant work program.

IV. ItWORMATION SHARING A. General Asthe national hazardous waste program matures, the respective roles and responsibilities in this State/Federal partnership will become more clear. Asthe respective information needs ofthe State and EPA evolve, changes to this section ofthe Agreement may be appropriate. During the annual review ofthis 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 amonthly basis, notification information (including newly assigned EPA identification numbers) submittedby persons in the State who file suchforms after the effectivedate ofthis Agreement. This informationwill be**sub~itted** to the Director within ten days ofthe end ofeach month for the precedingmonth. 

### 3. EPA**agree~** to assign EPA identification**nu~bers** to generators (including small quantity generators), transporters and to owners and operators ofhazardous waste treatment, storage, and disposal facilities sUbmitting notifications to the State after the effective date ofthis Agreement. EPA will do this after receiving a copy ofthe notification informationfrom the'State as provided in SectionIV.C.7 ofthis Agreement. 

# • 4. EPA agrees to transfer to the S,tate any pending Part A and Part'B hazardous waste management facility permit applications origina·lly submitted'to EPA pursuant to 40 CFR270 ..'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 ofthis agreement and according to any arrangements the State and the Regional Administrator may makeregarding the priority oftransfer. 5. EPA will also provide to the State, within five days ofreceipt, Part A and Part Bpermit applications submitted directly to EPA by persons in the State after the effective date ofthis Agreement. 

### 6. EPA agrees to makeavailable to the State copies ofany reports and data resulting from compliance inspections within thirty days ofthe inspections.
7. EPA will makeavailable to the State other relevant information as requestedwhich the State needs to implement its approved program. 8.

ZP2663" EPA agrees to provide the State with copies ofEPA 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 ofconcern include modification ofthe State's legal authorities (i.e., statutes, regulations and judicial or legislative actions affecting.those authorities), modifications ofmemoranda ofagreement or understanding with other agencies, and modifications ofresource levels (i.e., available or budgeted personne1 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 Crequirements. TheState will provide compliance monitoring and enforcement information to the Regional Administrator on a routine basis as specified in the State WorkProgram.
Asspecified in the State WorkProgram, the State will routinely provide the Regional Administrator with**infor~ation** indicating the status ofthe 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 ofissuance ofnotice'of'deficiency Date ofreceipt of additional information in response to notice ofdeficiency Date complete permit application received Date ofPublic Notice Date ofpermit application withdrawal (and reason) Date ofpermit 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 ofeach even-numbered year.

o Additional reports as negotiated in the State WorkProgram.

ZB26635. Where the State program involves the granting'ofvariances or waivers, the State agrees to provide EPA with,a copy ofeach 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 offacility permit applications, revisions and additions, and closure plans submitted prior to final administrative disposition ofpermit applications. Copies ofdraft permits, proposed.permitmodifications, public notices Copies offinal permit or permit modifications Within fifteen working days ofreceipt

Within five working days ofcompletion

Within five working days ofcompletion
7. So that EPA can issue EPA identification numbers and maintain a national inventory ofall hazardous waste handlers, the State agrees to provide EPA with the following notification information submitted to the State after the effective date ofthis Agreement by a newhazardous waste generators (including small quantity generators), transporters and treatment, storage and disposal facilities in the State: name and location ofthe handler mailing address ofthe handler name and t'eLephone number ofa contact person type ofhazardous waste activity process codes (if the handler is a TSDF) The State is responsible for receiving, processing and verifying notification information. TheState will also submit any updates or changes in previously submitted notification information. This informationwill be prOVided to the Regional Administrator within ten days ofreceipt ofthe information.

ZB26638. The State agrees to provide EPA, within thirty days following the date ofinspection, with copies ofreports and data resulting from EPA oversight inspections and from inspections ofthe following facilities:

a. Six land disposal facilities

- CSSI Arlington Tektronix (Beaverton) Permapost Allied Plating Boeing ofPortland Electronic Controls Design



### -6-

### D.



### E. The purpose here is to facilitate and ensure a cooperative effort on the disposition ofpermit applications for high-priority facilities.
b. Two facilities which may receive wastes from CERCLA response actions

- Baron-Blakeslee VanWaters 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 madeavailable to EPA upon request. 10. TheState agrees to provide EPA with copies ofenforcement actions, except for Notices ofViolation, 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 ofthe hazardous waste program and to support EPA's regulatory development efforts. Whenever EPA determines that it needs to obtain·certaininformation, EPA will normally first seekto.gain this informationfrom the State. The State agrees to supply the Regional Administrator with**thi~** information if**rea~ily** available and as resources allow. Ifthe State is unable to provide the information or ifit is necessary to supplement the State information, EPA mayconduct 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 ofsuch information collection. Emergency Situations Upon receipt ofany information that the handling, storage, treatment, transportation, or disposal ofhazardous waste is endangering human health or the enVironment, the party in receipt ofsuchinformation shall immediately notify by telephone the other party(ies) to this Agreement ofthe existence ofsuch situation. TheDepartment of Environmental Quality and Public Utility Commissioner shall notify the Director ofEPA's Oregon Operations office (221-3250). The Environmental ProtectionAgency shall notify the Supervisor ofthe Department ofEnvironmental Quality's Hazardous Waste Program «503) 229-5913) or the appropriate Administrator ofthe Public Utility Commissioner's Motor Carrier «503) 378-6736) or Rail Carrier «503) 378-6204) Division.

ZB2663F. Confidentiality 1 . Any**infor~ation** obtained or used in the administration of the State program shall be available to EPA upon request without restriction. Ifthe information has been submitted to the State under aclaim ofconfidentiality, the State must submit that claim to EPA whenproviding information. Any information obtained from a State and subject to a claim ofconfidentiality will be treated in accordance with the regulations in40 

### CFR Part 2.
2. EPA agrees to furnish to the State informationin itsfiles which is not submittedunder aclaimofconfidentiality and which the State needs to implement its program. Subject to the, conditions in40 CFR Part 2, EPA will furnish the State information**sub~itted** to EPA under aclaim ofconfidentiality which the State needs to**impl~ent** its program. All informationEPA agrees to transfer to the State will be transferred in accordance with the**require~ents** of40 

### CFR Part 2.



### v. A. PERMIT ISSUANCE EPA Permitting Upon final authorization ofthe State program, EPA will suspend issuance ofjointFederal/State permits for those aspects ofthe 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 ofhazardous waste in certaintypes ofunderground tanks. When EPA does promulgate standards for additional processes, one ofthe following permitting strategies will be selected and followed on a case-cy-case basis: (1) EPA will process and enforce aFederal 

### RCRA permit in the State in the newarea until the State receives final**authorizatio~** of equivalent and consistent State standards, or (2) EPA and DEQ will process and enforce ajointFederal/State 

### ReRA permit in the newarea ifState 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 ofjoint Federal/State permits in the State. EPA will also transfer any pending permit applications, completed permits or pertinentfile information to the State within thirty days ofthe approval ofthe State program in conformance with the conditions ofthis agreement. 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 as major facilities for permit overview.



### ZB2663 -8-EPA may commentinwriting on any draft permit or proposed permit modification, whether or not EPA commented on the permit application, within forty-five days ofits receipt. WhereEPA indicates in a commentthat issuance 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 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 permitwould include ifitwere issued by EPA.) EPA shall send a copy ofits 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 ofsuch withdrawal. Under Section 3008(a)(3) ofRCRA, EPA may terminate a State issued permit in accordance with the procedures ofPart 124, Subpart E, or bring an enforcement action in accordance with the procedures of 40 CFR Part22 in the case ofa violation ofa State program requirement. Inexercising these authorities, EPA will observe the conditions established in40 CFR271.19(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 amanner consistent with RCRA, with this Agreement, with all applicable Federal requirements, and with the State's Program Description. State agrees to call in newpermit applications according to schedules thatmay be established in annual work programs. The State agrees to issue, modify and reissue all permits in accordance with Oregon Revised Statutes, Chapter459 and Oregon Administrative Rules, Chapter 340, Division 100 through 108. This agreement also applies to permits issued after final authorization but for which the processingmayhave begun before final authorization. The State agrees not to use its broaderwaiver, variance or exemption authorities so that they will result in the imposition ofany 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 Section3006(g)(1) ofRCRA 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. Tothe extent allowed by State authority and regulations, such permits (or portions ofpermits) will be jointly issued by EPA and DEQ.
In accordance with Section3006(c)(3) ofHCRA, and as resources allow, DEQ will'participate in the administration ofHSWA provisions prior to receiving authorization for HSWArequirements. DEQ's participation will be negotiated on a facility-specific basis through facility management plans, included in the annual workprogram. Facility management plans will be mutually reviewed and revised whennecessary.

VI. PERMIT**AD~UNISTRATION** 

### A. EPA Upon granting offinal authorization, EPAwill notify all joint Federal/State permittees that the Department ofEnvironmental Quality will have prime responsibility for the future administration and enforcement ofsaid.joint permits.
B. State TheState agrees to review all hazardous waste permits whichwere issuedunder State Law prior to the effective date ofthis agreement and to modify or revoke and reissue suchpermits as necessary to require compliance with Oregon Revised Statutes, Chapter459 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 ofthese permits.

VII., COMPLIANCEMONITORINGAND 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 monitoringprogram is more fully described in its Final AuthorizationApplication: Program Description

- SectionE and in the State's compliance and enforcement strategy. The State will monitor, evaluate, and take appropriate action for violations ofall 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 ofpersons filing the reports. Tne

ZB2663 -10-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.
The State agrees to carry out a program for monitoring the compliance by generators, transporters, and management facilities with applicable program requirements (see 40 CFR271.128). Compliance inspections will be done to ascertain whether agenerator, transporter or canagement facility is meetingmanifest 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 mayconduct 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 mayconduct oversight inspections, attend certain inspections conducted by the State, conduct inspections pursuant to the requirements ofP.L. 98-616, or mayinspect 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 conductedjointly 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 ofState inspections, including bothprocedural and technical aspects; to determine facility compliancewith 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 ofviolations, unresolved violations, nature ofthe violations, geographic location and availability of travel funds, experience and record ofthe respective inspectors involved, status (major vs. non-major) and type offacility, status of permit actions, status ofgroundwater monitoring, status of closure/post-closure, suspicion ofcontinuing or prior releases, and State inspection schedUling. General criteria for EPA's evaluation ofState inspectors' performance include: the level ofregulatory knowledge, ability to obtain and evaluate information, application ofappropriate regulatory requirements, appropriate**~etermination** offacility type, field documentation practices, procedural aspects ofinspections, 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 ofState inspectors. Asecondary 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 ofthe joint oversight inspection

- EPA will prepare and send to the State within an additional 15 days amemorandum sumcarizingits findings. These findings will also be used to assess the quality ofthe compliance inspection. Inspections other than those provided for in the annual workprogram or otherwise carried out as oversight inspections will be performed byDEQ or EPA ifthere is urgent reason. The following situations are examples: compliance follow-up for clarification, inspection to perform field sampling, or investigating suspectedviolations. 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. IfDEQ is unable to meet a time schedule that EPA feels is imperative, EPA may, after notifyingDEQ, perform the inspection.
B. Enforcement Actions The State agrees to take timely and appropriate enforcement action against persons in violation ofgenerator and transporter standards (includingmanifest 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 AuthorizationApplication: ProgramDescription

- SectionE, and in the State's Hazardous Waste Enforcement Guidelines and Procedures.

. TheState shall have and agrees to take the enforcement leadwith appropriate enforcement action against persons in violation ofany 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 mayinclude notice ofviolation for any violation followed by timely initiation and prosecution of enforcement proceedings whichmaybe, as determined on a case-by-case basis, administrative or judicial in nature, or other administrative**re~edies** as prescribed by State laws. TheRegional Administrator may take enforcement action against any person determined to be in violation ofReRA in accordance with Section 3008(a)(2). EPA will follow the general principles for Federal action as contained in the Policy FrameworkDocument (Alvin Aimmemorandum of June 28, 1985). The lack oftimely and appropriate State enforcement actionwould be the principal reason for direct Federal enforcement action. Theparties 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 Almmemorandum ofJune 20, 1984). Agency actions will be guided by a policy of "no surprises." Specifically, the following procedures will be followed:
1. Notice ofthe State's proposed inspections will be submitted to the Chief, Waste ManagementBranch ofEPA, thirty days prior to the beginning ofeachState fiscal year. 2. Notice ofselectedEPA oversight inspections will be furnished to the Manager, Hazardous Waste Section ofDEQ, within thirty days following receipt ofthe State's inspection list. Any modifications will be made in writing. Confirmations ofoversight inspections will be madeprior to the beginning ofeach quarter. 

### 3. In advance ofEPA initiating any independent Federal enforcement

_action, EPA will notify and consult in good faith with the State to attempt to arrange for the State to take an appropriate enforcement action in lieu ofthe EPA action. Such notification will be given to the Manager, Hazardous Waste Operations Section ofDEQ and will provide the State with an adequate opportunity, generally atleast twoweeks, to take the desired action. In general, the quarterly compliance reviewmeetings provided for in paragraph C.4. belowwill serve as the focal point for· notification and discussion ofpotential Federal enforcement actions. Ifas a result ofthis notification and consultation, the State and EPA do not reach agreement on an acceptable enforcement action, the Director, Hazardous WasteDivision ofEPA will attempt to reconcile any outstanding differences with the Administrator, Hazardous and SolidWaste Division ofDEQ 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 reviewmeetings will be held between appropriate program managers and staffto discuss technical or policy problems, resolve disagreements, establish plans ofaction, 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 makeenforcment-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 

### TheState will provide for publicparticipation in the State enforcement process byassuring itwill: A. Investigate and provide written response to all citizen complaints duly submitted.
B. Notoppose interventionby any citizen in a state civil enforcement actionbrought ina court where permissive interventionmaybe authorized by statute or rule; and C. Publishnotice ofand provide atleast 30days for public comment on all proposed settlements ofstate civil enforcement actions brought ina court, except incases where a settlement requires someimmediate action (e.g., cleanup) which ifotherwise delayed couldresultin substantial damageto either public health Orthe environment.

STATE OF OREGON DEPT. OF ENVIRONI1ENTAL QUALITY
BY:

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STATE OF OREGON ENVIRONMENTAL QU ITY COMMISSION STATE OF OREGON

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### ZB2663 -14-