MEMORANDUM OF AGREEMENT 

BETWEEN 

THE STA TE OF WYOMING 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AND 

THE REGION 8 OFFICE OF 

THE UNITED ST A TES ENVIRONMENT AL PROTECTION AGENCY 

FOR ADMINJSTRA TION OF THE RCRA HAZARDOUS WASTE PROGRAM 

I. PURPOSE AND SCOPE 

This Memorandum of Agreement (Agreement) is entered into by the Wyoming Department 

of Environmental Quality (the Department) and the U.S. Environmental Protection Agency, 

Region 8 (EPA) to establish responsibilities and procedures for the administration of the 

Hazardous Waste Program (Program) in Wyoming. The Department has been authorized to 

administer the Program under Section 3006 of the Resource Conservation and Recovery Act 

(RCRA) of 1976 (42 U.S.C. 6901 et seq.), as amended (Public Laws 94-580, 96-482, 98-

616), and this Agreement has been developed pursuant to 40 CFR. 271.8 to address the full 

range of Program activities. (For purposes ofthis Agreement, references to "RCRA" 

include the Hazardous and Solid Waste Amendments of 1984 (HSWA) (P.L. 98-616).) 

More specifically, this Agreement sets forth the manner in which the Solid and Hazardous 

Waste Division (Division) of the Department and EPA will coordinate and communicate in 

the Division's administration and enforcement of the federally authorized Wyoming 

Program, and in EPA's administration and enforcement of the provisions of the HSWA for 

which the state is not yet authorized. Nothing herein is intended to create or does create any 

rights, obligations, responsibilities, expectations, or benefits in any third parties. This 

Agreement addresses the full scope of the RCRA Program, including these elements: 

• Hazardous Waste Minimization - minimizing the generation of hazardous wastes; 

• Permitting Program - safely managing wastes with appropriate controls; 

• Corrective Action - cleaning up sites where releases have occurred; and, 

• Compliance Assurance - compliance assistance, inspections and enforcement. 

The signatories to this Agreement are the Director of the Wyoming Department of 

Environmental Quality (Director), the Administrator of the Solid and Hazardous Waste 

Division (Division Administrator), the Regional Administrator, EPA, Region 8 (Regional 

Administrator), and the Directors of the EPA, Region 8, Solid & Hazardous Waste Program 

and RCRA Technical Enforcement Program. This Agreement shall become effective on the 

date when signed by the last party to the Agreement. The Agreement supersedes all 

previous RCRA MOAs. 

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Final Decembcr 2010 
The parties will review the Agreement jointly at least once a year. This Agreement may be 

modified upon the initiative of either party for any purpose mutually agreed upon. Disputes 

regarding modification or implementation ofthis Agreement shall be promptly elevated 

within each organization. Any revisions or modifications to this Agreement must be in 

writing and must be signed by the parties to this Agreement. This Agreement will be 

effective for as long as the Division's Program authorization remains in effect. 

II. ROLES, RESPONSIBILITIES, AUTHORITIES 

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

RCRA are met. Nothing in this Agreement shall be construed to restrict in any way the 

Division's authority to fulfill its responsibilities under federal and Wyoming law. Nothing 

in this Agreement shall be construed to restrict in any way EPA' s authority to fulfill its 

program administration, enforcement and oversight responsibilities under RCRA. Nothing 

in this Agreement may override any provisi-0n of 40 CFR Part 271. This agreement shall not 

be construed as a waiver, release, or limitation of any rights, remedies, powers, and/or 

authorities which EPA has under its criminal statutory, regulatory, or common law authority 

of the United States. 

A. STATE 

The Division assumes primary responsibility for implementing the authorized 

provisions of the RCRA Program and the authorized provisions ofHSWA within 

Wyoming's borders, except in Indian country (as defined at 18 U.S.C. 1151). Under 

Section 3006(b) of RCRA, once authorization takes place, state regulations replace 

federal regulations as the controlling body of regulations for administration of the 

Program in that state. 

The Division agrees to implement the RCRA Program in a manner that ensures the 

statutory and regulatory requirements ofRCRA are met. When the Division 

develops its own regulations, policies, and guidance related to RCRA, it will consult 

with EPA to ensure that the Division's Programs meet the statutory and regulatory 

requirements of the federal RCRA Program. 

B. EPA 

EPA retains its authority to ensure full and faithful execution of the requirements of 

the Program, including implementation of any HSW A requirements for which the 

Division is not authorized and full implementation of the Program in Indian country. 

EPA has the authority to bring its own enforcement action, but must enforce the 

federally authorized state regulations for violations of the authorized Program. 

EPA also oversees implementation of the authorized Program by the Division to 

ensure adequate implementation of the authorized Program and appropriate 

expenditure of federal grant funds. In this oversight role, EPA will evaluate state 

program implementation against federal program statutory and regulatory 

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Final December 20 I 0 
requirements, as well as, considering policies and guidance to ensure consistency 

with the national program. Sections VII and IX of this Agreement present more 

detail on the oversight process. 

EPA agrees to consult with the Division when developing regional policies and 

guidance that affect the authorized Program. 

C. OVERLAPPING AND MUTUALLY EXCLUSIVE AUTHORITIES 

Under Section 3006(g) of RCRA, hazardous waste requirements and prohibitions 

promulgated pursuant to HSW A are immediately applicable in all states, and EPA 

retains primary authority to administer these requirements in each state until that 

state receives authorization to implement those HSW A provisions. The State of 

Wyoming has independent state statutory authority to promulgate and enforce 

regulations. 

As a result, the agencies' authorities governing a facility may overlap or be mutually 

exclusive. Where that happens, the Division and EPA agree that their staffs will 

cooperate to ensure effective and efficient Program implementation. Specific roles 

and activities may be detennined on a case-by-case basis. 

D. OTHER FEDERAL LAWS THAT MA V APPLY 

EPA retains responsibility for administration and enforcement of other federal laws 

that may apply to the implementation of the Program, particularly to the issuance of 

permits (see 40 CFR. 270.3). EPA and the Division agree to coordinate to the 

greatest degree possible on any permit actions to which the following laws may 

apply: The Wild and Scenic Rivers Act, 16 U.S.C. 1273, et seq.; the National 

Historic Preservation Act of 1966, 16 U.S.C. 470, et seq.; the Endangered Species 

Act of 1966, 16 U.S.C. 1531, et seq. (including the consultation provision of section 

7); the Coastal Zone Management Act, 16 U.S.C. 1451, et seq.; and the Fish and 

Wildlife Coordination Act, 16 U.S.C. 661 et seq. 

The Division agrees, as resources allow, to assist EPA in identifying potential 

conflicts regarding federal requirements of the Acts listed above, and to help EPA 

fulfill its obligations, if any, during Program implementation. 

The Division has entered into Memoranda of Understanding with the Wyoming State 

Historic Preservation Office and the U.S. Fish and Wildlife Service regarding how 

the Division will inform these agencies of permitting decisions and respond to 

comments, questions, or concerns during the permitting process. The Division 

through these memoranda will attempt to resolve concerns raised under the National 

Historic Preservation Act of 1966, 16 U.S.C. 470, et seq. and the Endangered 

Species Act of 1966, 16 U.S. 1531 , et seq. 

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Final December 20 I 0 
E. PROCEDURAL REQUIREMENTS 

Some federal regulatory requirements are intended for the state's action only and are 

considered procedural in nature. Since these requirements do not affect the regulated 

community, the State of Wyoming is not required to adopt them into state 

regulations. These descriptions must remain in this Agreement unless the State of 

Wyoming adopts these procedures into state regulations. The only procedural 

requirement that hasn't been adopted by Wyoming is as follows: , 

Pursuant to Chapter 3, Section l(g)(v) of the Wyoming Hazardous Waste Rules 

and Regulations, DEQ does not send a copy of the permit application to various 

individuals or organizations. Instead the permit application is available for review 

at the nearest information repository and at the DEQ office. Copies will be 

provided upon request. 

Ill. PROGRAM MANAGEMENT 

The Division and EPA agree to a joint strategic planning process to ensure that the Program 

is administered in an effective manner. This process will include development and 

consideration of state, regional, and nationail Program goals and objectives. The goals and 

objectives will be based upon the Division's priorities and experiences in administering the 

Program, EPA Region 8 priorities, and any applicable national guidance, policies, and 

regulations. The goals and objectives will serve to identify those activities which should 

receive the highest priority in administering the Program in the State of Wyoming, and these 

will be presented in the Performance Partnership Agreement (PPA). 

The agencies will also develop criteria or standards as needed to document achievement of 

Program goals. These criteria will form the basis for oversight of the Program by EPA (see 

Section IX). 

IV. HAZARDOUS WASTE MINIMIZATION 

Hazardous Waste Minimization is the "strategy of first choice" for managing hazardous 

wastes, emphasizing that wastes that are not generated in the first place do not need to be 

managed safely or cleaned up after releases. Under this strategy, the agencies will 

emphasize source reduction and recycling to reduce waste and prevent transfers of 

hazardous chemicals from one medium to another. 

More specifically, the national RCRA Program focuses on the most persistent, 

bio-accumulative, and toxic (PBT) chemicals, and has developed a list of priority chemicals 

found in hazardous waste streams. The national RCRA Program has also established the 

goal of reducing one million pounds of priority chemicals nationally each year through 

partnership initiatives and product alternatives. EPA and DEQ acknowledge that there are 

no regulatory requirements for States or RCRA handlers to achieve specific priority 

chemical reductions. There are, however, requirements for large quantity generators and 

treatment, storage, and disposal facilities to have a waste minimization plan. 

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Final December 20 I 0 
To promote this goal, EPA agrees to provide the Division with technical assistance in 

identifying chemicals, waste streams, industry sectors, and specific facilities where 

opportunities are greatest to achieve reductions in priority chemicals. The Division agrees to 

make use of this information as appropriate and to focus waste minimization resources, 

when possible, in ways that support the acruevement of t~e national goals. 

V. PERMITTING, CLOSURE, POST-CLOSURE 

The "permitting Program" in RCRA includes the closure and post-closure functions for 

treatment, storage, and disposal facilities (TSDFs) that are ceasing operations, and the 

operating permit function for TSDFs that are continuing to operate. 

A. STATEPERMITTrNG 

Because it is authorized under RCRA, the Division has the primary role in issuing, 

modifying and/or reissuing all permits, and in approving and verifying all closure or 

post-closure activities in accordance with Program requirements. The Division 

agrees to focus resources on issuing permits or other approved controls for those 

TSDFs identified on the 2005 GPRA Permitting baseline as needing such controls. 

The Division will review all hazardous waste permits which were issued under state 

law prior to the effective date of any newly authorized permit requirements and will 

modify, or revoke and reissue, any permits which do not meet the new permit 

requirements. 

The Division will consider all EPA comments on permit applications and draft 

pennits. Pursuant to 40 CFR 271.19(d), the Division will satisfy or refute EPA's 

concerns on a particular permit application, proposed permit modification, or draft 

permit in writing before issuing the permit or making the modification. 

B. EPA PERMITTING 

EPA is responsible for issuing permits for those activities of the Program where the 

Division is not yet authorized, and in Indian country. This includes new permits, 

permit renewals, and permit modifications. 

Upon state authorization of new regulations establishing requirements applicable to 

permits, EPA will suspend issuance of federal permits for TSDFs for which the state 

has received authorization. In addition, EPA will offer each TSDF possessing a 

federal permit the opportunity to request a modification or termination of the federal 

permit to coincide with the issuance of the state permit. 

C. JOINT PERMITTING 

As noted in Section II.C., both parties have independent statutory authority to 

promulgate and administer Program requirements, and both parties retain the 

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Final December 20 l 0 
authority to administer at least some of those requirements. Also, there may be 

situations where Wyoming has promulgated requirements for which the Division has 

not yet been authorized. These factors may create situations where the two agencies 

have authorities that apply to the same facility in a manner that is either overlapping 

(similar or identical requirements that apply to the same TSDF) or mutually 

exclusive (different requirements that apply to the same TSDF). 

Both agencies agree to implement a joint permitting process that addresses those 

situations where the agencies' authorities to administer the Program at specific 

TSDFs are either overlapping or mutually exclusive. This process will ensure that 

the permit function of the Program is administered in an efficient and effective 

manner, and will be applied on a case-by-case basis in a way that does not undermine 

the authorities of either agency. EPA will co-sign permits for those TSDFs where it 

retains authority under HSWA, and will retain that authority until the state obtains 

authorization for those provisions. Once the state is authorized, it will assume 

primary administration of those provisions of the permit. 

D. EPA OVERVIEW OF STATE PERMITS 

EPA has the authority to review and comment on any draft permit being issued, 

proposed permit modification, or other control (closure plan, post-closure plan, etc.) 

being imposed by the State, even if EPA commented on the draft or proposed control 

action previously. On an annual basis, the agencies will identify and discuss general 

and specific priorities for such review activities. 

EPA's comments will be made with.in forty-five (45) days of receipt of the draft 

permit. Where EPA indicates in a ci0mment that issuance, modification, reissuance, 

termination, or denial of the permit would be inconsistent with the approved state 

Program, EPA shall include in its comments those conditions which the permit 

would include if it were issued by EPA. In exercising these authorities, EPA will 

observe the conditions established in 40 CFR 271.19. 

The Wyoming Environmental Quality Act allows the Department to approve waivers 

and variances from any requirement of the Act, including the hazardous waste 

regulatory requirements. The Department agrees that in implementing these 

provisions of the Environmental Quality Act, it will not grant waivers or variances 

which would result in the State's Program being less stringent than the national 

RCRA program as it is, or would be, implemented by EPA in unauthorized states. 

VI. CORRECTIVE ACTION 

The corrective action element of the RCRA Program addresses actual and potential releases 

of hazardous wastes and/or their constituents. Corrective action generally includes site 

assessment, investigation and remedial action, stabilization, and achievement of 

environmental indicators. 

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Final D~ embcr 20 I 0 
The RCRA corrective action Program will !be conducted in a manner that promotes rapid 

achievement of cleanups while protecting human health and the environment. To the extent 

practicable, the Program will: 

• embrace flexible, innovative, practical, results-based approaches that focus on 

protective control of human exposure and contaminated groundwater 

migration in the short term, with final cleanup being the long term goal; 

• provide ready public access to information and meaningful opportunities for 

public involvement in the cleanup process; 

• carefully consider key Program guidance and any updates. 

A. ST ATE CORRECTIVE ACTION 

The Division is authorized for the corrective action provisions of HSWA and has the 

primary role in assuring that corrective action is performed in accordance with state 

law. The Division reserves its right to implement and enforce the corrective action 

provisions of the state and federally-authorized Program at all facilities. The Division 

will use its enforcement authorities and tools, as appropriate, to achieve compliance 

with corrective action requirements. 

The Division agrees to focus resources on those facilities that are in the Corrective 

Action Baseline Universe or otherwise determined to be high priority. The Division 

will evaluate activities at the Corrective Action Baseline Universe based on guidance 

issued by EPA, State statutory requirements and other guidance documents as may be 

appropriate. The primary focus at those facilities will be progress on corrective action 

pipeline activities and protection of human health and the environment, particularly 

when conducting annual planning of workplan objectives. 

The Division and EPA agree to pursue and implement streamlining of the corrective 

action process to reduce the time and effort required to achieve cleanup objectives. 

The Division and EPA have signed a Memorandum of Understanding regarding 

facilities entering the Wyoming Voluntary Remediation of Contaminated Sites 

Program (also known as the Voluntary Remediation Program or VRP) as one means 

to achieve streamlining of the corrective action process. The Division and EPA wi 11 

continue to look for opportunities to streamline the procedural and administrative 

requirements associated with corrective action, while ensuring that Program 

objectives are achieved. 

B. EPA CORRECTIVE ACTION 

EPA retains its statutory authority UD.der Sections 3007, 3008, 7003, and 3013 of 

RCRA, and may independently determine a need to exercise these authorities at 

facilities in the State of Wyoming. EPA may also use its authorities to directly 

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Final December 20 I 0 
manage corrective action at specific facilities in the State of Wyoming when such 

action is requested by the Division. Where EPA requires corrective action at a facility 

in Wyoming, other than those located in Indian country, EPA will consider Wyoming 

law as well as public input as it develops appropriate site-specific activities. EPA will 

consult with the Division on these facilities, especially at the following key stages of 

the corrective action process: 

1. proposal of initial draft orde;r to the facility; 

2. approval of clean up levels; :and 

3. remedy selection 

EPA may inspect EPA-lead facilities for corrective action purposes without prior 

notice to the Division. The Division retains its authority to inspect these facilities. 

The Division will provide seven (7) days advance notice to EPA prior to conducting 

compliance inspections at EPA-lead facilities, except in cases of imminent hazard to 

human health or the environment or other exigent circumstances, when the Division 

may shorten or waive the notice period. 

vn. COMPLIANCE ASSURANCE 

The compliance assurance element of the Program includes the compliance assistance, 

inspection, and enforcement functions. These functions are perfonned by both agencies as 

follows: 

A. STATE COMPLIANCE ASSURANCE 

The Division, per its authorization, has the primary role in administering the 

compliance assurance element of the Program. In accordance with 40 CFR 271.15, 

the Division agrees to carry out a timely and effective program for monitoring 

compliance by generators, transporters, and facilities. 

As part of this Program the state will conduct inspections to assess compliance with 

generator and transporter standards (including manifest requirements), facility 

standards, permit requirements, compliance schedules, and all other Program 

requirements. Compliance monitoring activities and priorities will be specified in the 

PP A, and the annual inspection plan, and will be consistent with all applicable federal 

requirements and with the State's Program Description. Environmental data 

collection and analysis will be in accordance with the most recent approved Quality 

Management Plan for Analytical Data for the State of Wyoming which is considered 

part of this Agreement. 

The Division agrees to provide to EPA an annual inspection plan no later than 

November l 51

h of each federal fiscal year. The plan will consider the full range of 

state and federal priorities in the statutes, EPA guidance, and the PP A. The Division 

will annually inspect all RCRA TSDF facilities which are owned or operated by the 

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Final December 2010 
federal government. The Division will give EPA an opportunity to participate in 

and/or conduct oversight on these inspections. 

The Division agrees to take timely and appropriate enforcement action, as defined in 

EPA's Hazardous Waste Civil Enforcement Response Policy as revised December 

2003, against all persons in violation of generator and transporter standards (including 

manifest requirements), facility standards, permit requirements, compliance 

schedules, and all other Program requirements, including violations detected by State 

or Federal compliance inspections. The Division will maintain procedures for 

receiving and ensuring proper consideration of information about violations submitted 

by the public or federal compliance inspectors. 

The Division agrees to provide EPA with copies of reports and other information 

resulting from any compliance inspection, including any subsequent enforcement 

actions, when EPA requests such copies. When the compliance inspection was 

subject to a physical oversight inspection by EPA, the Division will provide the 

inspection report within thirty (30) days of its completion. The Division 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 for three (3) years after all terms of 

the enforcement action have been fully satisfied. 

The Division agrees to provide EPA with a copy of all compliance orders, notices of 

violation, warning letters, and compliance advisories at the time the documents are 

transmitted to the violator. The Division agrees to maintain adequate wTitten penalty 

assessment information and final settlement justification documentation for all final 

formal enforcement actions. The State will provide the penalty and economic benefit 

numbers for each count, the total penalty, and the penalty adjusted for voluntary 

settlement and will provide EPA copies of voluntary settlement penalty calculation 

sheets for settled cases upon request from EPA. 

8. EPA COMPLIANCE ASSURANCE 

EPA retains its authority to conduct inspections and bring enforcement actions under 

Sections 3007, 3008, 3013, and 7003 ofRCRA and any other applicable federal 

statute. EPA may exercise its compliance assurance authorities against any person 

determined to be in violation of RCRA requirements. Nothing in this Agreement 

shall restrict EPA's compliance monitoring and enforcement authority. 

EPA may take enforcement action under Section 3008 of RCRA against a holder of a 

state-issued permit on the grounds that the permittee is not complying with a 

condition of that permit. EPA may also take enforcement action under Section 3008 

against a holder of a state-issued permit on the grounds that the permittee is not 

complying with a condition that EPA, in commenting on that permit application or 

draft permit, stated was necessary to implement approved state Program requirements, 

whether or not that condition was included in the final state-issued permit ( 40 CFR 

271.19(e)(2)). 

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Final December 20 I 0 
On an annual basis, EPA and the Division will jointly inspect all RCRA TSDFs 

owned or operated by state or local govenunent. EPA will function as lead for these 

inspections and will draft, for Division review and joint signature, an inspection 

report that details all violations under both Wyoming and federal Hazardous Waste 

regulations. 

The following circumstances will generally form the basis for selection of EPA 

enforcement actions in the State of Wyoming: 

• when EPA is requested orally or in writing by the Division; 

• when an EPA Order or Consent Decree under RCRA has been violated; 

• when EPA has primary authority for enforcement of federal requirements; 

• when the Division is not authorized to take action or the Division's authority 

is limited; 

• when the Division fails to take "timely and/or appropriate enforcement 

action;" 

• when the Division has initiated "timely and/or appropriate enforcement 

action" by referring a case to the Attorney General's office, but the Attorney 

General's office has n.ot takein the required enforcement action in the required 

timeframe; 

• cases involving issues that could establish legal precedent or in which federal 

involvement is needed to ensure national consistency; 

• cases involving multi-state, multi-regional "national violators;" 

• cases involving interstate pollution problems associated with watersheds, air 

basins, or other geographic units that cross state lines; or 

• when EPA needs to conduct inspections under the National Program 

Guidance, Federal Core Program requirements. 

EPA agrees to coordinate with the Division, in non-criminal matters, in carrying out 

its compliance monitoring and enforcement responsibilities. More specifically, in 

accordance with 40 CFR 271.8, EPA agrees to: 

• provide a basis for and coordinate with the Division in the selection of 

facilities for EPA inspection; 

• normally allow the Division a reasonable opportunity to inspect a facility that 

EPA has reason to believe is not in compliance before EPA conducts such 

inspection; 

• normally give the Division at least fifteen (15) days notice of the intent to 

inspect; and invite the Division to participate in EPA inspections; and 

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r:inal l)cccmber 20 I 0 
• consult with the Division when formulating enforcement actions, where 

appropriate. 

Such communication between the agencies is intended to provide appropriate 

coverage of the RCRA-regulated universe and to avoid unnecessary duplication of 

effort. In case of an imminent hazard to human health and the environment or other 

exigent circumstances, EPA may shorten or waive the fifteen (15) day notice period. 

In accordance with 3008(a)(2) of RCRA, EPA will notify the Division prior to issuing 

a compliance order or bringing an enforcement action under 3008(a). EPA also 

agrees to provide the Division with copies of reports and other information resulting 

from any compliance inspection and! subsequent enforcement actions within thirty 

(30) days of their completion. EPA also agrees to provide the Division with a copy of 

all compliance orders, notices of violation, warning letters, and civil complaints at the 

time the documents are transmitted to the violator. 

C. EMERGENCY SITUATIONS 

Either the Division or EPA may take immediate enforcement action to abate any 

imminent and substantial endangerment to human health or the environment. Any 

requirements for routine notice prior to inspections or enforcement actions set forth in 

this Agreement are superseded by the provisions of this section during emergency 

situations. However, the parties agree to immediately notify, by telephone, the other 

party when action to abate such imminent hazard is planned or taken. The telephone 

call will be followed with written confirmation within five (5) working days of the 

call. (See Section VIII.D. for telephone numbers) 

D. OVERSIGHT FOR COMPLIANCE Ass URANCE 

The goal of oversight for compliance assurance is to ensure a high quality Program. 

EPA will evaluate the Division's compliance assurance performance based on the 

most recent and appropriate state, regional and national regulations, policies, and 

guidance, including: RCRA inspection and enforcement guidance documents, RCRA 

civil penalty policies, enforcement response policies, and economic benefit guidance. 

When evaluating the adequacy of any proposed or collected civil penalty, EPA will 

use the Wyoming State Statutory penalty maximum. The Division may also deviate 

from EPA Supplemental Environmental Policy (SEP) with a 1 to 1 dollar penalty 

offset ratio for SEPs which the Division has evaluated and determined to have 

sufficient merit or environmental benefit. 

On an annual basis, EPA will discus.s with the Division the number or percentage of 

the Division's compliance inspections on which EPA will accompany the Division for 

oversight purposes. The decision will be documented in the annual workplan 

agreement. 

Additional information on oversight is presented in Section IX of this Agreement. 

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Final December 20 I 0 
VIII. INFORMATION MANAGEMENT AND SHARING 

This section of the Agreement addresses how the agencies will manage and share information 

on the status and progress of the Program. The Division and EPA both agree to make 

information available to each other in accordance with 40 CFR 271.17. 

A. STATE 

The Division, due to its authorization status, is the primary implementer of the 

Program, and has many information management and sharing responsibilities. 

Paramount among the Division's information management and sharing 

responsibilities are the following: 

1. The Division Administrator agrees to inform EPA in advance of any proposed 

statutory or Program changes which would affect the Division's ability to 

implement the authorized Program. Program changes of concern include 

modifications of the Division's legal authorities (i.e., statutes, regulations, and 

judicial or legislative actions affecting those authorities) and modifications of 

resource levels (i.e., available or budgeted personnel and funds). The Division 

recognizes that Program revisions that require EPA's authorization must be 

made in accordance with the provisions of 40 CFR 271.21. 

2. The Division will maintain timely, accurate and complete information in the 

national electronic database that supports the principal elements of the 

Program, particularly: 

• facility, unit and area information, including the legal and operating 

status of all hazardous waste process units; 

• closure, post-closure and operating permit event information; 

• corrective action event and status information, including 

environmental indicators and supporting documentation; and, 

• compliance monitoring and enforcement information, including all 

Compliance Monitoring and Enforcement (CM&E) activities. 

The Division agrees to enter all such electronic information into the national 

data base on an on-going basis whenever possible, but by no later than the 20th 

of the month after the month in which the activity occurred. 

3. The Division agrees to submit semi-annual narrative reports detailing its 

progress towards achieving national Program goals and meeting annual targets 

as specified in the annual workplan agreement. 

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Final December 20 I 0 
4. The Division agrees to assign RCRA identification numbers to all RCRA 

handlers (generators, transporters, and owners and operators of hazardous 

waste TSDFs) submitting notifications to the Division or to EPA. An 

exception to this requirement is that EPA will work with the Division to 

assign RCRA identification numbers for any handlers located in Indian 

country. 

5. The Division will submit the following information relating to permits and 

closure: 

• copies of each draft or final decision regarding variances, waivers, or 

delisting petitions, to be sent at the time the request is granted or 

denied; 

• all facility permit applications, revisions and additions, to be sent 

within fifteen (15) wmking days of receipt by the Division; 

• draft permits, proposed permit modifications, and public notices, to be 

sent within fifteen (15) working days of completion (i.e., transmittal to 

the applicant); 

• final permit or permit modifications, to be sent within five (5) working 

days of completion; and, 

• copies of all interim status closure/post-closure plans, to be sent by the 

Division to EPA at the time of public notice. 

6. The Division will submit copies of supporting documentation for all 

environmental indicator determinations. 

7. The Division will provide compliance assurance information as detailed in 

Section VII.A. ofthis Agreement. 

8. The Division will submit a c-opy of the Wyoming biennial report 

summarization by October 1st of each even numbered year. 

9. The Division agrees to promptly notify EPA of any significant changes made 

to its training plan. 

10. The Division agrees to either provide or allow EPA to review at the Division 

office, any pertinent informa1ion requested by the Regional Administrator or 

his or her designee as necessary for EPA to carry out its oversight 

responsibilities. 

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Final December. 20 I 0 
B. EPA 

EPA 's primary role in information sharing is to provide the Division with timely and 

useful information to enhance the State of Wyoming Program. 

l. EPA will keep the Division informed in a timely manner of the content and 

meaning of federal statutes, regulations, guidelines, standards, policy 

decisions, directives, or othe:r factors that affect the Program. EPA will 

provide general and specific technical assistance to the Division. EPA will 

provide the Division with any national EPA reports developed regarding 

hazardous waste management. 

2. EPA agrees to provide training and technical assistance in the operation and 

maintenance of the national database. 

3. Under the joint permitting process (Section V.C.) EPA agrees to provide the 

Division with the following within five (5) working days of receipt or 

completion by EPA: 

• any Part A or Part B permit applications, and any necessary supporting 

information, whether received prior to or subsequent to the effective 

date of this Agreement; 

• copies of draft and final permits, permit modifications, and public 

notices; and, 

• notices of permit denials. 

4. EPA agrees to make compliance assurance information1 as provided in Section 

VIl.B. of this Agreement, available to the Division. 

5. EPA will forward delisting petitions from persons or companies operating in 

the State of Wyoming to the Division within ten (10) days of receipt by EPA. 

6. EPA will forward notification information submitted by persons or companies 

in the State of Wyoming who file such forms. This information will be 

submitted to the Division within ten (10) days ofreceipt by EPA. 

7. EPA will make available to the Division, within thirty (30) days of receipt of a 

request from the Division, other relevant and available information needed by 

the Division to implement its approved Program. Information provided to the 

Division will be subject to tne terms of Wyoming Statutes 35-11-1101and16-

4-201 et seq, Chapter l Section 4 of the Hazardous Waste Rules and 

Regulations and any relevant federal statutes. 

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Final December. 20 I 0 
C. AVAILABILITY AND CONFIDENTIALITY OF INFORMATION 

The following provisions apply to the availability and confidentiality of Program 

information: 

1. Availability oflnformation to the Public 

The Division agrees to make information available to the public in accordance 

with Wyoming Statutes 35-11-1101and16-4-201 et seq, and Chapter 1 

Section 4 of the Hazardous Waste Rules and Regulations. 

EPA agrees to make information available to the public in accordance with 

federal requirements at 40 CFR part 2. 

2. Confidentiality 

STATE 

If information has been submitted to the Division under a claim of 

confidentiality, the Division must note that claim to EPA when providing the 

information. 

Any information obtained from EPA that is subject to a claim of 

confidentiality will be treated in accordance with Wyoming Statutes 35-11-

1101 and 16-4-201 et seq. 

EPA 

If information has been submitted to EPA under a claim of confidentiality, 

EPA must note that claim to the Division when providing the information, and 

will transfer that information in accordance with the requirements of 40 CFR 

part 2. EPA will notify the affected companies when such information is sent 

to the state. 

Any information obtained from the State of Wyoming and subject to a claim 

of confidentiality will be treated in accordance with the regulations in 40 CFR 

part 2. 

D. SPECIAL SITUATIONS 

The following information sharing provisions apply to special situations: 

1. Emergency Situations 

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

transportation, or disposal of hazardous waste is endangering human health or 

Page 15 

f-inal December 20 I 0 
the environment, the party in receipt of such infonnation shall immediately 

notify by telephone the other party to this Agreement of the existence of such 

situation. The Department should be notified by contacting the Solid and 

Hazardous Waste Division, during nonnal business hours, at 307-777-7752. 

Emergency reports during other than nonnal business hours should be made to 

307-777-7781 . Emergency reports may be made to EPA's Region 8 24-hour 

response hotline at 303-293-1788. The National Response Center may also be 

contacted any time, at 1-800-424-8802. EPA's Solid and Hazardous Waste 

Program at 303-312-6421 or the Technical Enforcement Program at 303-312-

6393 may be contacted during nonnal business hours. 

2. Site Visits to Support the National RCRA Program 

EPA sometimes has need of site-specific infonnation to fulfill its duties in 

developing and managing the national RCRA Program. Whenever EPA 

detennines that it needs to obtain certain infonnation relating to hazardous 

waste management in the State of Wyoming, EPA will first seek to gain this 

information from the Division. The Division agrees to supply EPA with this 

information, if readily available and as resources allow. If the Division is 

unable to provide the information or if it is necessary to supplement the 

information, EPA may conduct a special survey or perform information 

collection site visits after notifying the Division and providing the Division 

the opportunity to accompany EPA personnel on such visits. EPA will share 

with the Division the data collected and any national reports developed by 

EPA resulting from the information collected. 

IX. PROGRAM REVIEW, OVERSIGHT 

EPA will assess the Division's administration and enforcement of the Program on a 

continuing basis for equivalence and consistency with RCRA, this Agreement, and all federal 

Program requirements. The purpose ofthis oversight assessment is to: 

• ensure full execution of the requirements of the Program as authorized; 

• ensure that RCRA 3011 grant funds are spent appropriately; 

• promote national standards as the minimum in implementation of the Program; 

• allow EPA to report to the President and Congress; and 

• encourage the state and EPA to coordinate on desirable technical support and 

targets for joint efforts. 

EPA will conduct this assessment through review of information submitted by the Division in 

accordance with this Agreement and the state grant requirements, and through review of the 

Division's Program activities as described in the PPA. EPA may also consider, as part of this 

assessment, written comments about the Division's Program administration that are received 

from regulated persons, the public, and federal, state, and local agencies. Copies of any such 

Page 16 

Final December 20 I 0 
comments received by EPA will be provided to the Division Administrator or his designee as 

soon as possible. 

To ensure an effective Program review, the Division's Administrator agrees to allow EPA 

access, without restriction, to any information obtained or used in the administration of the 

state Program. EPA oversight file reviews shall be scheduled at reasonable intervals, with two 

weeks notice generally given prior to an oversight file review. 

Program review meetings between the Director, Division Administrator, and the Regional 

Administrator or their designees will be scheduled at least annually to review operating 

procedures and schedules, to resolve problems, to discuss mutual Program concerns, and to 

review Program needs for the upcoming year. These meetings will be scheduled at least thirty 

(30) days in advance unless otherwise agreed. A tentative agenda for the meeting will be 

prepared by EPA and provided to the Division's Administrator fifteen (1 5) days in advance of 

the meeting. 

This area intentionally left blank 

Page 17 

l'inal December 20 I 0 
X. SIGNATURES 

STATE OF WYOMING 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Date: 

Carl Anderson1 PhD., Administrator 

Solid & Hazardous Waste Division 

Date: \ 'l..\ \ o \ ' o 

U.S. ENVIRONMENTAL PROTECTION AGENCY 

Signatures Found on the Next Page 

Page 18 

Final December 20 I 0 
U.S. ENVIRONMENTAL PROTECTION AGENCY 

REGION VIII 

or~~~~~~- Tcchnical Enforcement Program 

Office of Enforcement, Compliance, 

and Environmental Justice 

Date: ~ry / 11 

S even A. Burkett, Director 

Solid and Hazardous Waste Program 

Office of Partnerships and Regulatory Assistance 

Date: 

Date: 

Page 19 

Final December 20 I 0 
YEARLY RECERTIFICATION 

The December 20 I 0 MOA has been reviewed and determined to still be valid. 

STA TE OF WYOMING 

D EPARTME T OF E VIRONME1 TAL Q UALITY 

1?J.~~ J ohn&7corrn 

Director 

Date: __ 1.:.......!, {....:.._ /C(-=--(__;d.=--.;;_C ...:....= / ~=-

ENVIRONME, TAL PROTECTION AGENCY 

REGION 8 

~d Keeey~ ~ 

RCRNCERCLA Technical Enforcement Program 

Office of Enforcement, Compliance, 

and Environmental Justice 

Date: '1/~b/1(1. 

. 

'6, .. 1, vc<S ~ ~ ~~ ~m~ B". Martm 

R~~J Administrator 

Carl Anderson, PhD., Administrator 

Solid & Hazardous Waste Division 

Date: -:+ \ C\ \ "2..o \ 1-

Steven 

~~ A. Burkett, Director 

Resource Conservation and Recovery Program 

Office of Partnerships and Regulatory 

Assistance 

Date: 4- I (,~ / / 2--

Date: '1- f "Z- +- { \ "Z._ (