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• MEMORANDUMOFAGREEMENT BETWEEN THE STATE OFOREX;ON AND THEUNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REX;ION X
I. GENERAL This MemorandumofAgreement (hereafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR 123.126 for the State ofOregon Hazardous waste Management Program (hereafter "State Program") authorized under Section 3006{C) of the Resource Conservation and Recovery Act (hereafter "RCRA" or "the Act") of 1976 (Pub. L. 94-580, 42 USC 6901, et seq.) and the United States Environmental Protection Agency (hereafter "EPA") Regional Office for Region X.**Thi~** Agreement further- sets forth the manner in which the State will coordinate with EPA in administering the State program. This Agreement is entered into by the Director of the Department of Environmental Quality (hereafter "Director" or "the State"), the lead agency for the State program {as designated by the State pursuant to 40 CFR 123.4 and the Regional Administrator, EPA, Region X (hereafter "RegionalAdministrator" or "EPA"). References to Director or Regional Administrator include designees of either party. 5.1

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• Nothing in this Agreement shall be construed to restrict in any way EPA's authority to fulfill its oversight and enforcement responsibilities under RCRA. The parties will review this Agreementjointly at least once a year (and at other times as appropriate) during preparation of the annual State GrantWorkProgram (hereafter "StateWorkProgram"), in connectionwith grant funding under Section 3011 of RCRA. This Agreement will be amended and re-executed by the parties for InterimAuthorizationPhase II. Final Authorization will require the execution of a new MemorandumofAgreement• This Agreementmaybe modified upon the initiative of either party in order to ensure consistency with State programmodifications or for any other purpose mutually agreed upon. Any revisions or modifications must be inwriting and must be signed· by the Director and the Regional Administrator. This Agreement will remain in effect until such time as State program authorization is withdrawn by EPA, according to the provisions of 40 CFR 123.136, or reverts to EPA according to the provisions of 40 CFR 123.137, or automatically expires 24 months after the effective date ofPhase II of the Federal regulations.

5.2

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•• Unless otherwise stipulated, this Agreement, and any subsequent modifications made, will take effect immediately upon being signed by the Director and the Regional Administrator. II. RESPONSIBILITIES OFPARTIES A. Policy Statement Eachofthe parties to this Agreement is responsible for ensuring that its obligations under RCRA are met. The Director and the Regional Administrator agree to maintain a high level of cooperation and coordination between State and EPA staffs in a partnership to assure successful and effective administration of the State Program. The State has primary responsibility for all aspects of the program, and for coordination of the program with other authorized state programs, and with the Federal program in states without authorization. EPA will keep the Director informedof the content and meaning of Federal statutes, regulations, guidelines, standards, policy decisions, directives, and any other factors that affect the State program. EPAalso will provide general technical guidance to the State•

5.3

# • i. B. InformationSharing 1. EPA EPA agrees to provide copies ofEPAForm 8700-12, including EPA identification numbers, received by EPAprior to the date of this Agreement from generators and transporters ofhazardous waste and from owners andoperators of hazardous waste treatment, storage, and disposal facilities located in the state. Such copies will be provided to the Director or his designee within thirty (30) days of this Agreement. EPAwill also provide, within thirty (30) days of receipt, copies ofEPAForm 8700-12, including EPA identification numbers, submitted by persons located in the state who file such forms after the date of this Agreement. EPA will transfer to the Director or his designee copies of all pending hazardous waste management facility permit applications, together with copies of any pertinent file information. EPAwill make available to the Director other information as requested which the State needs to implement its approved program.

5.4

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• EPAwill provide, within thirty (30) days ofpromulgation in the Federal Register, at least 25 copies of any federal regulation (whether or not adopted by EPA) adopted pursuant to RCRA or required of another federal agency to implement the full scope of the federal hazardous waste management program. EPAwill provide, within sixty (60) days ofpublication, at least 5 copies of any environmental impactor assessment statement, technical support document, guidance document, or any other publication develoPed by EPA, EPA contractor, or other federal agency related to the development of a federal hazardous waste managementprogram• The above will be provided subject to the terms of 40 CFR 2, which implements the Trade Secrets Act, 18 USC 1905. 2. State
a. The State agrees to submit to the Regional Administrator the following documents, reports, and other information: Quarterly statistical noncompliance reports for generators and facilities using Report Format 11 according to the schedule in l22.l8(el};

5.5

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• Annual program reports containing informationon the number of generators and facilities in the state and the quantities ofwastes handled using ReportFormat 12 according to the schedule in 122.18(e2); and Semi-annual progress reports by February 28 and September 30. b. The State agrees to require newgenerators, transporters, and hazardous waste management facilities to obtain EPA identification numbers from the State. Further, the State agrees to require all generators, transporters, and hazardous waste management facilities to use the EPA identification numbering system specified in the public notice of February 26, 1980 (DunandBradstreetDataUniversal Numbering (DUN) system for businesses**~nd** General Service Administration Real Property Number, or equivalent, for governmental agencies).
c. Any other information requested by the Regional Administrator. 3. Emergency Situations Upon receipt of any information that the handling, storage, treatment, transportation, or disposal of hazardous waste is**5~6**

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• Add Section II.B.2.d as follows: d. The Directorwill not accept any record, report, or information obtained pursuant to ORS 459.410 - 459.690 and rules adopted thereunder which is purported to be confidential unless the confidentiality has first been confirmed by the Regional Administrator. Whenthe information, ifmade public, woulddivulge"a secret"process, device, or method ofmanufacturing or production entitled to protection as trade secrets and has been determined by the Regional Administrator to warrant confidential status, the Director will then receive such information and, upon a showing satisfactory to him, shall classify it as confidential in accordance with ORS 459.460(2)•



### - 5.6

### a-

# • AddSection II.B.2.e: The Director will not accept any hazardous waste related record, report, or information obtained pursuant toORS 468 and rules adopted thereunder, which is purported to be confidential unless the confidentiality has first been confirmed by the Regional Administrator.**Wh~n,the. inform~tion,**  if made public, would.divulge a secret process, device, or method ofmanufacturing or production entitled to protection as trade secrets and has been determined by the Regional Administrator to warrant confidential status, the Director will then receive such information and, upon a showing satisfactory to him, shall classify it as confidential in accordance withORS 468..095(2).

5.6b

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• '. '. 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 ofthe existence of such situation. Such notification shall include nameof generator or facility, address ofemergency, EPA identification number, nature of emergency, action being taken by notifier, and action requested by notifier of other party(ies}. C. State Program**Rev~e~** The Regional Administrator will assess the Director's administration and enforcement of the State program on a continuing basis for consistency withRCRA, with this Agreement, and with all applicable Federal requirements and·policies.This program evaluation will generally be accomplished by an EPA review of the information submitted by the Director in accordance with this Agreement and the State WorkPlan. The Regional Administrator mayalso 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 Director. To ensure effective program review, the Director agrees to allow EPA access to all files and other information requested
5.7

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• by the Regional Administrator and deemed necessary for evaluating State program administration and enforcement. ReviewofDepartment ofEnvironmental Quality files may be scheduled at quarterly intervals. "Program reviewmeetings between the Director and the RegionalAdministrator or their assignees will be scheduled at reasonable intervals not less than annually to review specificoperating procedures and schedules, to**r~solve"** problems,"and"to**dis~uss"mutual"pr09ram** concerns. These meetings must be scheduled at least fifteen (15) days in advance unless agreed to differently. Atentative agenda for the meeting must be prepared by EPA. D. Enforcement 1. Identification ofMajor Hazardous Waste Management Facilities and Generators The Director agrees to developwith EPA a list ofmajor hazardous waste management facilities and selected generators and transporters located within the state. An initial list is attached as AppendixA. EPAor the State may add facilities, generators or transporters to the list and shall notify the other party in writing. However, the deletion of any facility, generator or transporter must be agreed to in writing by both parties. This list will be reviewed and updated at least
5.8

# '. annually by both the State and EPA as partof the StateWork Programprocess. This review and update does not require a formal amendment to this agreement. The factors considered in developing AppendixAwere: the size of the physical plantor number of**vehicles~** companies located in Oregon; the amount ofwaste**generated/handled~** the hazard characteristics of the waste(s) generated/handled; whether the generator/facility/transporter is regulated under another**program~** and the number ofgenerators/facilities/transporters within the State. 

### • 2. ComplianceMonitoring



# • : , ," 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 the Phase I - InterimAuthorizationApplication: ProgramDescription - Section E. The State will monitor, evaluate, and take appropriate action for violations of all reporting requirements by hazardous waste generators, transporters, and facilities under the State program. This shall include a timely substantive review of such

5.9

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• reports to determine the compliance status ofpersons filing the reports.**Prior~ties** for reviewing these reports will be specified in the annual StateWorkProgram. 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. The State agrees to carry out a programfor monitoring the compliance by generators, transporters, and facilities with applicable program requirements (See 40 CFR 123.128). Compliance inspections will be done to ascertain whether a generator, transporter or facility is meeting manifest requirements, generator and transporter requirements, and facility standards for rec6rdkeeping, operation and maintenance, self-monitoring, reporting, and other activities as defined in the annual State WorkProgram. EPAmayconduct compliance inspections of all hazardous waste generators, transporters, and facilities. EPAwill not ordinarily conduct such inspections of non-major hazardous waste generators, transporters, and facilities; however, nothing in this Agreement shall be construed to restrict EPA's right to inspect any facility, generator, or transporter that it believes is not in compliance with Program requirements•

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• Before conducting an inspection of a generator, transporter or facility, the Regional Administrator will normally give the Director fourteen (14) days notice of the intent to inspect in accordance with 40 CFR123.126. If the Director performs a State compliance inspection and submits a report and data relevant thereto within that time, no EPA inspection will be made, unless the Regional Administrator deems the State report and data to be inadequate. In case of an**~inent** hazard to human health and the**ehviroriment~** the RegionalAdministrator may shorten or waive the notice period. The parties agree to make available to each other, within 60 days of compliance inspections, any reports and data resulting therefrom• 3. 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. In instances where EPA determines that the State has not initiated timely and appropriate enforcement action against a violator, EPA shall

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• proceedwith any or all of the enforcementoptions available under RCRA or other applicable statute. The state's enforcement program is more fully described in the Phase I - Interim AuthorizationApplication: ProgramDescription - SectionE. The State agrees to take the enforcement leadwith appropriate enforcement action against persons in violation of any State program requirement, including butnot limited to violations**det~cted** by**Stat~** or Federal inspections. The State will maintainprocedures for receiving and ensuring proper consideration of information about violations submitted by the public. Appropriate State enforcement response may include not'more than two warning letters for any violation followed by timely initiation and prosecution of enforcement proceedings whichmay be, as determined on a case-by-case basis, administrative or judicial in nature, or other administrative remedies as prescribed by State laws. The Regional Administrator may take enforcement action against any person determined to be in violation ofRCRA in accordance with Section 3008(a)(2). EPAwill take enforcement action only upon determining that the State has not taken timely and appropriate enforcement action. Prior to issuing a Notice ofViolation under Section 3008, EPAwill give notice to the State.
5.12

# • E. Other State/EPA Procedures Unique to Region/State At Oregon's request, EPAagrees to retain authority over hazardous waste related activities on Indian lands in Oregon. III. COMPUTATION OF TIME In computing any period of time prescribed by the Agreement, the day on which the designated period·of time beginssoall not be included. However,**~he** last day of the period shall be included unless it is Saturday, Sunday, or legal holiday. In that case, the period will extend until the end of the next non-holiday weekday. 

# • When the period of time is less than seven (7) days, intermediate Saturdays,.Sundays, or legal holidays shall be excluded in the computation.

DEPAR'IMENT OF ENVIRONMENTAL QUALITY U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION X 

# C/. By: Date : 6 - 2 - 

### 81 

# • 5.13

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• REPORT FORMATNo. 1 Quarterly Statistical Noncompliance Reports Major Number of facilities required to meet State standards substantially equivalent to 40 CPR 265 Number offacilities rece1v1ng Compliance Inspections during reporting period Number ofgenerators required to meet State standards substantially equivalent to 40 CPR 262 . . . Number of generators rece1v1ng Compliance Inspections during reporting period Number of transporters required to meet State standards substantially equivalent to 40 CPR 263 Number of transporters rece1v1ng Compliance Inspections during reporting period Number ofManifest Exception Reports (see 40 CPR26.42), UnmanifestedWaste Reports (see 40 CPR 265.76), and Manifest Discrepancy Reports (See 40 CPR265.72) or the State program equivalent of such reports Numberof follow-up actions (investigations) taken based on such reports during reporting period Total number of facilities, generators, and transporters found to be out of compliance with standards during reporting period Number ofActions commenced on violations during reporting period: a. Letters ofWarning issued b. Notices ofViolation issued
5.14 Non-Major

# • c. Compliance Orders issued d. Civil actions initiated e. Criminal actions initiated Total number of unresolved violations carried over from previous reporting period Total number ofviolations resolved this reporting period Total number ofviolations unresolved at endof reporting period Major Non-Major



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• Names of sources in non-compliance with Hazardous Waste Program Requirements Status ofenforcement action for sources identified in non-compliance

5.15 See attached list See attached list

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ESTIMATED AMOUNT OF HAZARDOUS WASTE GENERATED INSTATE (metric tons)

1Jl 

# . .... (jI 

### REPORT NO.2

,, ReM· STATE ANNUAL PROGRAM REPORT ESTIMATED AMOUNT OFHAZARDOUS WASTE TREATED OR DISPOSED IN STATE PERYEAR

(metric tons) On-site Off-site Total Reporting Period: Date of Report:
ESTIMATED AMOUNT OF HAZARDOUS WASTE IN IN STORAGE AT END OF YEAR (metric tons) 

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Total number of generators in State Total number of treatment, storage, and disposal facilities in State

# ---- ZS62.A

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• Appendix A LI ST OFSELECTED GENERATORS, TRANSPORTERS, AND MAJOR HAZARDOUS WASTEMANAGEMENT FACILITIES GENERATORS


### • J. H. Baxter and Company Eugene, Oregon
• Boeing ofPortland Portland, Oregon
•**C~ron** ChemicalCorporation Monmouth, Oregon • The Charles H. Lilly Company Portland, Oregon • Chempro ofOregon,**Inc~** Portland, Oregon
• FMC Corporation Portland, Oregon
• Freightliner Corporation Portland, Oregon
• SCMCorporation Glidden - DurkeeDivision Portland, Oregon
• Hewlett Packard, Corvallis Division Corvallis, Oregon
• Intel Corporation Aloha, Oregon
• Martin - Marietta Aluminum, Inc. The Dalles, Oregon
• MinnesotaMining and Manufacturing Co. Medford, Oregon • OroarkIndustries Milwaukie, Oregon 5.17

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•

• OregonMetallurgical Corporation Albany, Oregon
• Pennwaltcorporation Portland, Oregon
• PrecisionCastparts Corporation

Portland, Oregon • Rhone - Poulenc, Inc. Portland, Oregon
• Spe-de-way products, Inc. Portland, Oregon
•**St~ufferChemical** Company Portland, Oregon-
• Tektronix Incorporated Beaverton, Oregon
• Teledyne WahChang

Albany, Oregon • VanWaters and Rogers Portland, Oregon • Wacker Siltronics Portland, Oregon

· Widing Transportation, Inc.

Portland, Oregon TRANSPORTERS • Arrow Transportation Systems, Inc.

Portland, Oregon • ChernproofOregon, Inc. Portland, Oregon
• Crosby andOverton, Inc. Portland, Oregon
• DarrellNiemeyer Trucking

Milwaukie, Oregon

· DrumRecovery Portland, Oregon
5.18

# • • GreshamTransfer Portland, Oregon
• McKays TruckLine, Inc.

Albany, Oregon
• Matlack, Inc. Portland, Oregon
• SandyTruckLines, Inc. Sandy, Oregon
• SilverWheels Freight1iners, Inc. Portland, Oregon
•**W~din9.Tra~sportatiqn,** Inc. Portland, Oregon' r • WilhelmTruckingCompany Portland, Oregon MAJORHAZARDOUSWASTEMANAGEMENT FACILITIES 

# • ". A.
B. Disposal Site

· Arlington Pollution Control Center

Arlington, Oregon Collection Sites

· Waste Away Corporation Springfield, Oregon

· WasteAwayCorporation Portland, Oregon
• Chern-Security Systems, Inc. Arlington, Oregon · ChernproofOregon Portland, Oregon • DrumRecovery Portland, Oregon • Anyother DEQ collection sites to be licensed during Phase I - InterimAuthorization

5.19

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### TreatmentFacilities (5)
• Caron Chemical Corporation Monmouth, Oregon • DrumRecovery Portland, Oregon Spe-de-wayProducts Company, Inc. Portland, Oregon
• Tektronix Incorporated Beaverton, Oregon • VanWaters andRogers Portland, Oregon Anyother facilities licensed byDEQ during Phase I - InterimAuthorization 

# • ZS62 (1)

5.20

# • u.s. ENVIRONMENTAL PROTECTION REGION X 1200 SIXTH AVENUE SEATTLE, WASHINGTON 98101 AGENCY**~.,**

### •., 

### ;:,-/



# .-**~~~~y**

## 6?: MIS 530 

### WilliamH. Young. Director Department of Environmental Quality P.O. Box 1760 Portland. Oregon 97207 

# -:« .» 

### Dearl>1r;.·Young: ./ 

### As youare aware, EPA has granted Phase I InterimAuthorization to Oregon's hazardous waste managementprogram. An announcement to this effectappeared in the Federal RegisterofJuly 16, 1981. EPA's decision reflects our feeling that DEQ has developed. andeffectively administered for some timenow, a hazadous waste programwhich is substantially equivalent to that envisioned byEPA under the ResourceConservation and RecoveryAct. Once againwewould like to commendyourDepartmentfor preparing an excellentapplication. We are also appreciative ofthe careful consideration you gave to our requests for amplifications andmodifications in your programas we reviewed the application. It is our feeling that an excellentworkingrelationship was maintainedbetweenEPA and DEQ throughout the review period. Enclosed is asigned copyofthe MemorandumofAgreementwhichwas included in the application. We look forward to.a decision fromyou soonregardingyour follow-up with a Phase II application. ( -/-1;..1

__- 

## t ..

# C;;Z, Sincerely, 

# .// '/.I.ji

J' / • 0 (: ,./'/. (0" /. ' •• 1.1 ;...., ' / I "....Y 0 ' / , 

### i(:"/Donald P. Dubois 

### f" Regional Administrator / 

### Enclosure**~-':':-L:':** v.**'.::5~~** OJ'v"lsi-:);l 

### nc-;.;t.**~r** L.:i',:ii"(.':-:rnc;H.. -:1**Q:~~-:n(y**

# ~. 

# rw QFfJeE Of IHEDIRECTORE. Other State/EPAProcedures Unique to Region/State At Oregon's request, EPAagrees to retain authority over hazardous waste related activities on Indian lands in Oregon. III. COMPUTATION OF TIME In computing any period of time prescribed by the Agreement, the day on which the designated period of time begins shall**no~** be included. However, the last day of the period shall be included unless it is Saturday, Sunday, or legal holiday. In that case, the period will extend until the end of the next non-holiday weekday.


## .. When the period of time is less than seven (7) days, intermediate Satutdays, Sundays, 

### oi legal holidays shall be excluded in the computation.

DEPARTMENT OF ENVIRONMENTAL QUALITY u. s ENVIRONNENTAL PROTECTION AGENCY, REGION X By: Date: 6 - 2 - 81

# //.~ 

# C/ .

5.13