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MEMORANDUM OF AGREEMENT

BETWEEN

THE STATE OF OREX;ON

AND

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,

REX;ION X

I. GENERAL

This Memorandum of Agreement (hereafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR 123.126 for the

State of Oregon 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

"Regional Administrator" or "EPA"). References to Director or Regional

Administrator include designees of either party.

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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 Agreement jointly at least once a year

(and at other times as appropriate) during preparation of the annual State

Grant Work Program (hereafter "State Work Program"), in connection with

grant funding under Section 3011 of RCRA.

This Agreement will be amended and re-executed by the parties for

Interim Authorization Phase II. Final Authorization will require the

execution of a new Memorandum of Agreement•

This Agreement may be modified upon the initiative of either party

in order to ensure consistency with State program modifications or for

any other purpose mutually agreed upon. Any revisions or modifications

must be in writing 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authorization is withdrawn by EPA, according to the provisions of 40 CFR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 of Phase II

of the Federal regulations.

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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 OF PARTIES

A. Policy Statement

Each of the 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 informed of the content and meaning of Federal statutes, regulations, guidelines, standards,

policy decisions, directives, and any other factors that affect

the State program. EPA also will provide general technical guidance to the State •

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B. Information Sharing

1. EPA

EPA agrees to provide copies of EPA Form 8700-12, including

EPA identification numbers, received by EPA prior to the date

of this Agreement from generators and transporters of hazardous

waste and from owners and operators 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.

EPA will also provide, within thirty (30) days of receipt,

copies of EPA Form 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.

EPA will make available to the Director other information

as requested which the State needs to implement its approved

program.

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EPA will provide, within thirty (30) days of promulgation

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.

EPA will provide, within sixty (60) days of publication, at

least 5 copies of any environmental impact or 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

management program•

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};

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Annual program reports containing information on the

number of generators and facilities in the state and

the quantities of wastes handled using Report Format

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 new generators, 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 (Dun and Bradstreet Data Universal 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

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Add Section II.B.2.d as follows:

d. The Director will 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. When the information, if made public,

would divulge "a secret "process, device, or method of manufacturing 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) •

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The Director will not accept any hazardous waste related record,

report, or information obtained pursuant to ORS 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 of manufacturing 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 468..095(2).

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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 of the existence of such situation. Such notification shall include name of generator or

facility, address of emergency, 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 with RCRA, 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 Work Plan. 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

Director.

To ensure effective program review, the Director agrees

to allow EPA access to all files and other information requested

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by the Regional Administrator and deemed necessary for evaluating

State program administration and enforcement.

Review of Department of Environmental Quality files may

be scheduled at quarterly intervals. " Program review meetings

between the Director 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 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. A tentative

agenda for the meeting must be prepared by EPA.

D. Enforcement

1. Identification of Major Hazardous Waste Management

Facilities and Generators

The Director agrees to develop with EPA a list of major

hazardous waste management facilities and selected generators

and transporters located within the state. An initial list is

attached as Appendix A. EPA or 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

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'. annually by both the State and EPA as part of the State Work

Program process. This review and update does not require a

formal amendment to this agreement.

The factors considered in developing Appendix A were: the

size of the physical plant or number of vehicles~ companies

located in Oregon; the amount of waste generated/handled~ the

hazard characteristics of the waste(s) generated/handled; whether

the generator/facility/transporter is regulated under another

program~ and the number of generators/facilities/transporters

within the State. •

2. Compliance Monitoring

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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 - Interim Authorization Application:

Program Description - 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

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reports to determine the compliance status of persons filing

the reports. Prior~ties for reviewing these reports will be

specified in the annual State Work Program. 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 program for 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

Work Program.

EPA may conduct compliance inspections of all hazardous

waste generators, transporters, and facilities. EPA will 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 CFR 123.126. 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 Regional Administrator 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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proceed with any or all of the enforcement options available

under RCRA or other applicable statute. The state's enforcement

program is more fully described in the Phase I - Interim

Authorization Application: Program Description - Section E.

The State 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

det~cted by Stat~ 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 not'more

than two warning letters 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 remedies as

prescribed by State laws.

The Regional Administrator may take enforcement action

against any person determined to be in violation of RCRA in

accordance with Section 3008(a) (2). EPA will take enforcement

action only upon determining that the State has not taken timely

and appropriate enforcement action. Prior to issuing a Notice

of Violation under Section 3008, EPA will give notice to the

State.

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E. Other State/EPA Procedures Unique to Region/State

At Oregon's request, EPA agrees 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.

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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

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REPORT FORMAT No. 1

Quarterly Statistical Noncompliance Reports

Major

Number of facilities required to meet State

standards substantially equivalent to

40 CPR 265

Number of facilities rece1v1ng Compliance

Inspections during reporting period

Number of generators 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 of Manifest Exception Reports (see 40

CPR 26.42), Unmanifested Waste Reports

(see 40 CPR 265.76), and Manifest Discrepancy Reports (See 40 CPR 265.72) or the

State program equivalent of such reports

Number of 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 of Actions commenced on violations during

reporting period:

a. Letters of Warning issued

b. Notices of Violation issued

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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 of violations resolved this reporting period

Total number of violations unresolved at end of

reporting period

Major Non-Major

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Names of sources in non-compliance with

Hazardous Waste Program Requirements

Status of enforcement action for sources

identified in non-compliance

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See attached list

See attached list
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ESTIMATED AMOUNT OF HAZARDOUS

WASTE GENERATED IN STATE

(metric tons)

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REPORT NO.2

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STATE ANNUAL PROGRAM REPORT

ESTIMATED AMOUNT OF HAZARDOUS WASTE

TREATED OR DISPOSED IN STATE PER YEAR

(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 OF SELECTED

GENERATORS, TRANSPORTERS, AND

MAJOR HAZARDOUS WASTE MANAGEMENT

FACILITIES

GENERATORS

• J. H. Baxter and Company

Eugene, Oregon

• Boeing of Portland

Portland, Oregon

• C~ron Chemical Corporation

Monmouth, Oregon

• The Charles H. Lilly Company

Portland, Oregon

• Chempro of Oregon, Inc~

Portland, Oregon

• FMC Corporation

Portland, Oregon

• Freightliner Corporation

Portland, Oregon

• SCM Corporation

Glidden - Durkee Division

Portland, Oregon

• Hewlett Packard, Corvallis Division

Corvallis, Oregon

• Intel Corporation

Aloha, Oregon

• Martin - Marietta Aluminum, Inc.

The Dalles, Oregon

• Minnesota Mining and Manufacturing Co.

Medford, Oregon

• Oroark Industries

Milwaukie, Oregon

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Oregon Metallurgical Corporation

Albany, Oregon

• Pennwalt corporation

Portland, Oregon

• Precision Castparts 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 Wah Chang

Albany, Oregon

• Van Waters and Rogers

Portland, Oregon

• Wacker Siltronics

Portland, Oregon

· Widing Transportation, Inc.

Portland, Oregon

TRANSPORTERS

• Arrow Transportation Systems, Inc.

Portland, Oregon

• Chernpro of Oregon, Inc.

Portland, Oregon

• Crosby and Overton, Inc.

Portland, Oregon

• Darrell Niemeyer Trucking

Milwaukie, Oregon

· Drum Recovery

Portland, Oregon

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• • Gresham Transfer

Portland, Oregon

• McKays Truck Line, Inc.

Albany, Oregon

• Matlack, Inc.

Portland, Oregon

• Sandy Truck Lines, Inc.

Sandy, Oregon

• Silver Wheels Freight1iners, Inc.

Portland, Oregon

• W~din9.Tra~sportatiqn, Inc.

Portland, Oregon' r

• Wilhelm Trucking Company

Portland, Oregon

MAJOR HAZARDOUS WASTE MANAGEMENT FACILITIES

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B.

Disposal Site

· Arlington Pollution Control Center

Arlington, Oregon

Collection Sites

· Waste Away Corporation

Springfield, Oregon

· Waste Away Corporation

Portland, Oregon

• Chern-Security Systems, Inc.

Arlington, Oregon

· Chernpro of Oregon

Portland, Oregon

• Drum Recovery

Portland, Oregon

• Any other DEQ collection sites to be licensed during Phase I -

Interim Authorization

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C. Treatment Facilities (5)

• Caron Chemical Corporation

Monmouth, Oregon

• Drum Recovery

Portland, Oregon

Spe-de-way Products Company, Inc.

Portland, Oregon

• Tektronix Incorporated

Beaverton, Oregon

• Van Waters and Rogers

Portland, Oregon

Any other facilities licensed by DEQ during Phase I -

Interim Authorization

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ZS62 (1)

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u. s. ENVIRONMENTAL PROTECTION

REGION X

1200 SIXTH AVENUE

SEATTLE, WASHINGTON 98101

AGENCY

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~~~~y 6?: MIS 530

William H. Young. Director

Department of Environmental Quality

P.O. Box 1760

Portland. Oregon 97207

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Dear l>1r;.·Young:

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As you are aware, EPA has granted Phase I Interim Authorization to

Oregon's hazardous waste management program. An announcement to this

effect appeared in the Federal Register of July 16, 1981. EPA's decision

reflects our feeling that DEQ has developed. and effectively administered

for some time now, a hazadous waste program which is substantially

equivalent to that envisioned by EPA under the Resource Conservation and

Recovery Ac t.

Once again we would like to commend your Department for preparing an

excellent application. We are also appreciative of the careful consideration

you gave to our requests for amplifications and modifications in your

program as we reviewed the application. It is our feeling that an

excellent working relationship was maintained between EPA and DEQ throughout

the review period.

Enclosed is a signed copy of the Memorandum of Agreement which was

included in the application. We look forward to.a decision from you

soon regarding your follow-up with a Phase II application.

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Sincerely,.// '/.I.ji J' /

• 0 (: ,./'/. (0" /. ' •• 1.1 ;...., ' / I "....Y0

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i(:"/Donald P. Dubois

f" Regional Administrator

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Enclosure

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

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rw

QFfJeE Of IHEDIRECTOR
E. Other State/EPA Procedures Unique to Region/State

At Oregon's request, EPA agrees 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/ .

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