MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF SOUTH DAKOTA AND THE REGION 8 OFFICE OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FORADMINISTRATION OF THE RCRA HAZARDOUS WASTE PROGRAM



### I. PURPOSE AND SCOPE This Memorandum ofAgreement (Agreement) is entered into by the South Dakota Department ofEnvironment and Natural Resources (the Department) and the U.S. Environmental Protection Agency, Region 8 (the EPA) to establishresponsibilities and procedures for administering the Hazardous Waste Program (Program) in South Dakota. The Department has been authorized to administer the Program under Section 3006 ofthe 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); this Agreement has been developed pursuant to 40 CFR. 271.8to address the full range ofProgram activities. (Forpurposes of this document, 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 Department and the EPA will coordinate and communicate in the Department's administration and enforcement ofthe federally authorized South DakotaProgram, and in the EPA's administration and enforcement ofthe provisions ofHSWA for which the state is not yet authorized. Nothing herein is intended to, and this Agreement does not create any rights, obligations, responsibilities, expectations, orbenefits in any third parties. This addresses the full scope of the RCRA Program, including these elements:

• 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 Department Secretary, the Department's Waste Management Program Program Administrator, the EPA Region 8 Regional Administrator, and the Directors ofthe EPA, Region 8, Resource Conservation and Recovery Program and RCRA Technical Enforcement Program. This document shall become effective onthe date when signed by the lastparty to this Agreement. This Agreement supersedes all previous RCRA MOAs and separate Enforcement Agreements (EAs). The agencies will review this Agreementjointly as needed

.This Agreement may be modified uponthe initiative ofeitherpartyfor any purpose mutually agreed upon. Disputes regarding modification ofthis Agreement shall be promptly elevated within each organization. Any Page 1of 15revisions or modifications to this Agreement must be in writing and mustbe signed by the Department Secretary, the Program Administrator, and the Regional Administrator. This Agreement will be effective as long as the South DakotaProgram's authorization remains in effect oruntil superseded.

II. ROLES, RESPONSIBILITIES, AUTHORITIES Each ofthe parties to this Agreementis responsible for ensuring that its obligations under RCRA are met. Nothing in this Agreement shall be construed to restrict in any way the Department's authority to fulfill its responsibilities under federal and South Dakota law. Nothing inthis Agreement shall be construed to restrict in any way the EPA's authorityto fulfill its program administration, enforcement, and oversightresponsibilities under RCRA. Nothing in this Agreement may override any provision of40 CFR Part 271. This Agreement shall not be construed as a waiver, release, orlimitation ofany rights, remedies, powers, and/or authorities which the EPA has under its criminal statutory, regulatory, or commonlaw authority ofthe United States. The agencies agree to maintain a high level ofcooperation and coordination in a partnership to ensure successful and effective administration ofthe State Program. Both agencies agree to consult with each other when developing their own regulations (State only), policies, and guidance to ensure consistency withthe national program. The agencies recognize that guidance documents do not have the authority ofstatutes orregulations. A. STATE The Department assumes primaryresponsibility for implementing the authorized provisions ofthe Program within South Dakota's borders, except in Indian country (as defined at 18 U.S.C. 1151). Under Section 3006(b) ofRCRA, once authorization takes place, state rules replace federal regulations as the controlling body of rules/regulations for administration ofthe Program in SouthDakota. B. EPA The EPA retains its authority to ensure full and faithful execution ofthe requirements ofthe Program, including implementation ofany HSWA requirements for which the Department is not authorized, and full implementation ofthe Program in Indian country (as defined at 18 U.S.C. 1151). The EPA has the authorityto bring its own enforcement action but must enforce the federally-authorized state rules for violations ofthe authorized Program.

Page 2of15The EPA's primaryrole in the hazardous waste program is to emphasize strengtheningthe Department's Program through program and technical assistance and training. The EPA agrees to work with the Departmentto identify assistance and training needs. The EPA also oversees and ensures adequate implementation ofthe authorized Program and appropriate expenditure offederal grant funds. In this oversight role, the EPA will evaluate State Program implementation against federal program statutory and regulatory requirements. SectionVIII ofthis Agreementpresents more detail on the oversightprocess. C. OVERLAPPING AND MUTUALLY EXCLUSIVEAUTHORITIES Under Section 3006(g) ofRCRA, hazardous waste requirements and prohibitions promulgatedpursuantto HSW A are immediately applicable in all states, and the EPA retains primary authority to administer these requirements in each state until that state receives authorization to implementthose HSW A provisions. South Dakotahas independent state statutory authority to promulgate and enforce rules that are not inconsistent with orare identical to the HSWA provisions, regardless ofwhether or not the state is authorized for the HSW A provisions. As a result, the agencies' authorities governing a facility may overlap or be mutually exclusive. Where that happens, the Department and the EPA agree thattheir staffwill cooperate to ensure effective and efficient Program implementation. Specificroles and activities may be determined on a case-by-case basis. D. ROLES IN EMERGENCY SITUATIONS In the case ofimminent and substantial endangermentto human health or the environment, eitherthe Department orthe EPA may take immediate enforcement action to abate that endangerment. Any requirements for routine notice priorto inspections orenforcement actions set forth in this Agreement are superseded by the provisions ofthis section during emergency situations. However, the agencies agree to immediatelynotify the otherparty by telephone oremail when action to abate such imminent hazard is planned ortaken. The phone call or email will be followed with written confirmation within five (5) working days ofthe call. During normal business hours, the EPA will contact the Department concerning emergency hazardous waste situations by contacting the Waste ManagementProgram at (605) 773-3153. During evening and weekend hours, the EPA will contactthe South Dakota Office ofEmergency Management's 24-hour Spill Line at (605) 773- 3231. Notification to the EPA will be provided to a manager in eitherthe Resource Conservation and Recovery Program orthe Technical EnforcementProgram, as appropriate.

E. OTHERFEDERALLAWS THATMAY APPLY Page 3of15The EPA retains responsibility for administration and enforcement ofother federal laws that may apply to the implementation ofthe Program, particularlyto the issuance ofpermits (see 40 CFR. 270.3). The EPA and the Department 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, etseq.; the National Historic Preservation Act of 1966, 16 U.S.C. 470, etseq.; the Endangered Species Act of 1966, 16 U.S.C. 1531, etseq (including the consultationprovision ofsection 7); the Coastal Zone Management Act, 16 U.S.C. 1451, etseq.; and the Fish and Wildlife CoordinationAct, 16 U.S.C. 661 etseq. The Department agrees, as resources allow, to assist the EPA in identifying potential conflicts regarding federal requirements ofthe acts listed above and to help the EPA fulfill its obligations (ifany) during Program implementation.



### III. PROGRAM MANAGEMENT The Department and the EPA agree to ajoint strategic planning process to ensure thatthe Program is administered in an effective manner. This process will include development and consideration ofstate, regional, and national program goals and objectives. The goals and objectives will be based upon the Department'spriorities and experiences in administering the Program, the EPARegion 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 South Dakota. The goals and objectives will serve to identify the activities to be discussed during negotiations that occur as part ofthe Performance Partnership Agreement (PPA). The agencies have developed criteria or standards to document achievement ofprogram goals. The standards that will form the basis for oversight ofthe program by the EPA are found in the mostrecent version ofthe State Oversight Plan/State Review Framework.



### IV. 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 continue to operate
. A. STATEPERMITTING Because the state is authorized under RCRA, the Departmenthas the primaryrole in issuing, modifying and/or reissuing all permits, and in approving and verifying all closure orpost-closure activities in accordance with Programrequirements. The Department agrees to focus resources on issuing permits or other approved controls for those facilities identified as part ofthe Corrective Action 2020 Universe. Page 4of15The Department will review all hazardous waste permits which were issued under state lawpriorto the effective date ofany newly authorized permitrequirements and will modify, orrevoke and reissue, any permits which do not meetthe newpermit requirements. This review and reissuance process will be completed within one (1) year ofthe effective date ofauthorization. TheDepartment will ensure state permitting procedures are consistent with federal procedures under 40 CFRParts 124 and 271.14. The Department will consider all EPA comments on permit applications and draft permits. Pursuant to 40 C.F.R. §271.19(d), the Departmentwill satisfy orrefute the EPA's concerns on a particular permit application, proposedpermit modification, or draft permit inwriting before issuing the permit or making the modification. 

### B. EPA PERMITTING The EPA is responsible for issuing permits for those activities ofthe Program where the Department is not yet authorized and in Indian country. This includes new permits, permitrenewals and permit modifications. Upon authorization ofnew requirements applicable to permits, the EPA will suspend issuance offederal permits for TSDFs for which the state has received authorization. The EPA will notify the permittee by certified mail (with a copy to the State) ofits intent to terminate the federal permit. The permittee will also be notified to apply for a permit from the State within 30 days for the newly authorized provisions. 

### C. JOINT PERMITTING As noted in Section II.C., both agencies have independent statutory authority to promulgate and administer Program requirements, and both agencies retain the authority to administer at least some ofthose requirements. Also, there may be situations where South Dakotahas promulgated requirements for which the Department has notyet 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 (differentrequirements that apply to the same TSDF). Both agencies agree to implement ajointpermitting 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 ofthe Program is administered in an efficient and effective manner, and will be applied on a case-by-case basis in a way that does notundermine the authorities ofeither agency. The EPA will co-signpermits for those TSDFs where it retains authority under HSW A. Authority provisions under HSWA will remain with the EPA until the state becomes authorized for those provisions. Once the state is authorized, it will assume primary administration ofthose provisions ofthe permit Page 5of15

### D. EPAREVIEW OF STATE PERMITS The EPA has the authority to review and comment on any draft permitbeing issued, proposedpermit modification, or other control (closure plan, post-closure plan, etc.) being imposed by the State, even ifthe EPA commented onthe draft orproposed control action previously. As part ofthe annual PPA process, the agencies will identify and discuss general and specific priorities for permitreview activities. The EPA's comments will be made within forty-five (45) days ofreceiptofthe draft permit. Where the EPA indicates in a comment that issuance, modification, reissuance, termination, or denial ofthe permit would be inconsistent with the approved state Program, the EPA shall include in its comments those conditions which the permitwould include ifit were issued by the EPA. In exercising these authorities, the EPA will observe the conditions established in 40 CFR271.19. Both agencies agree to confer whenever necessaryto resolve a disagreement between their staffs on the conditions ofany RCRApermitto be issued by the Department.

V. CORRECTIVE ACTION The corrective action element ofthe RCRA Program addresses actual and potential releases ofhazardous wastes and/ortheir constituents. Corrective action includes site assessment, investigation andremedial action, stabilization, achievement ofenvironmental indicators, and final cleanup. The RCRA corrective action program will be conducted in a mannerthat promotes rapid achievement ofcleanups 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 ofhuman exposure and contaminated groundwater migration in the short term, with final cleanup being the long term goal; provide readypublic access to information and meaningful opportunities for public involvement in the cleanup process; and, carefully consider key Program guidance and any updates. The Department and the EPA agree to pursue and implement, where appropriate, opportunities to streamline the corrective action process to reduce the time and effort required to achieve cleanup, while ensuring that program objectives are achieved. The primary focus ofthis will be on administrative and procedural requirements.

A. ST ATE CORRECTIVE ACTION

Page 6of15The Department is authorized for the corrective actionprovisions ofHSW A and has the primaryrole in assuring that corrective action is performed in accordance with federally authorized state law. The Departmentreserves its rightto implement and enforce the corrective actionprovisions ofthe state and federally-authorized program at all facilities. The Department will use its enforcement authorities and tools as appropriate to achieve compliance with corrective actionrequirements

. The Department agrees to focus resources onthose facilities that are inthe Corrective Action 2020 Universe or otherwise determinedto be a highpriority. The primary focus atthese facilities will be stabilization and achieving the environmental indicators. B. EPA CORRECTIVE ACTION The EPA retains its statutory authority under Sections 3007, 3008, 7003, and 3013 of the Solid Waste Disposal Act andmay independently determine a need to exercise these authorities at facilities in SouthDakota. The EPA may also use its authorities to directly manage corrective action at specific facilities in South Dakotawhen such action is requested bythe Department. The EPA will consult with the Department on these facilities, especially atthe following key stages ofthe corrective action process: proposal ofinitial draft orderto the facility; approval ofclean up levels; and, remedy selection. The EPAmay inspect EPA-lead facilities for corrective actionpurposes withoutprior notice to the Department. The Departmentretains its authority to inspectthese facilities. The Departmentwill provide seven (7) days advance notice to the EPA priorto conducting compliance inspections at EPA-lead facilities, except in cases of imminenthazard to human health or the environment or other exigent circumstances, when the Department may shorten orwaive the noticeperiod.



### VI. COMPLIANCE ASSURANCE The compliance assurance element ofthe Program includes the compliance assistance, inspection, and enforcement functions

. These functions are performed by both agencies as follows: A. STATE COMPLIANCE ASSURANCE The Department, per its authorization, has the primaryrole in administeringthe compliance assurance element ofthe Program

. In accordance with 40 CFR271.15, the Department agrees to carry out a timely and effective Program for monitoring compliance by generators, transporters and facilities with applicable Program requirements. Page 7of15As part ofthis Program, the state will conduct inspections to assess compliance with generator and transporter standards (including manifest requirements), facility standards, permitrequirements, compliance schedules and all other Program requirements. Compliance monitoring activities and priorities will be specified in the Program Description, the PPA and the annual inspectionplan and will be consistent with all applicable federal requirements

.Environmental data collection and analysis will be in accordance with the mostrecent approved QualityManagementPlan for Analytical Data for South Dakota, which is consideredpart ofthis Agreement. The Department agrees to provide to the EPA an annual inspectionplan no later than November l 51h for each federal fiscal year. The plan will considerthe full range of state and federal priorities in the statutes, EPA guidance and the PPA. The Department will annually inspect all RCRA TSDF facilities which are owned or operatedby the federal government. The Departmentwill give the EPA an opportunity to participate in and/or conduct oversight onthese inspections. The Department agrees to take timely and appropriate enforcement action, as defined in the EPA's 2003 Hazardous Waste Civil Enforcement Response Policy (effective February 15, 2004), against all persons in violation ofany Program requirements. The Department will maintainprocedures for receiving and ensuring proper consideration ofinformation about violations submitted by the public or federal compliance inspectors. The Department agrees to provide the EPA with copies ofreports and other information resulting from any compliance inspection, including any subsequent enforcement actions, when the EPArequests such copies. Whenthe compliance inspection is subject to a physical oversight inspectionby the EPA, the Department will provide the inspection report within thirty (30) days ofits completion. The Department agrees to retain all records for at least three (3) years, unless there is an enforcement action pending. In that case, all records will be retained for three (3) years after all terms ofthe enforcement action have been fully satisfied. The Department agrees to provide the EPA with a copy ofall compliance orders, notices ofviolation, warning letters and compliance advisories at the time the documents are transmitted to the violator. The Department agrees to maintain adequate writtenpenalty assessment information and final settlementjustification documentation for all final formal enforcement actions

. The EPA may review the Depaiiment's penalty assessment information at the Department's office. 

### B. EPA COMPLIANCE ASSURANCE The 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. The EPAmay exercise its compliance assurance authorities against any
Page 8of15person determined to be in violation ofRCRA requirements. Nothing in this Agreement shall restrict the EPA's compliance monitoring and enforcement authority. The EPA maytake enforcement action under Section 3008 ofRCRA against a holder ofa state-issuedpermit onthe grounds that the permittee is not complying with a condition ofthat permit. The EPA may also take enforcement action under Section 3008 against a holder ofa state-issued permit onthe grounds thatthe permittee is not complying with a condition that the EPA, in commenting on that permit application or draft permit, stated was necessary to implement approved state Program requirements, whether or notthat condition was included in the final state-issuedpermit. The EPA and the Department willjointly inspect all RCRA TSDFs owned or operated by state or local government on an annual basis. The EPA will function as lead for these inspections and will draft, for Departmentreview andjoint signature, an inspection report that details all violations under both the South Dakota and federal hazardous waste regulations

. The following circumstances will generally form the basis for selection ofEPA compliance assurance actions in South Dakota: when the EPA is requested orally or in writing by the Department; when an EPA Order or Consent Decree under RCRA has been violated; whenthe EPA has primary authority for enforcement offederal requirements; when the Departmentis not authorized to take action orthe Department's authority is limited; whenthe Department fails to take "timely and/or appropriate enforcement action"; when the Department has initiated "timely and appropriate enforcement action" by referring a case to the Attorney General's office, but the Attorney General's office has nottaken the required enforcement action in the required time frame;

. cases involving issues that could establish legal precedent orin which federal involvement is needed to ensure national consistency; cases involving multi-state, multi-regional "national violators;" cases involving interstate pollutionproblems associated with watersheds, air basins, or other geographic units that cross state lines; or, when the EPA needs to conduct inspections under the National Program Guidance, Federal Core Program requirements. The EPA agrees to coordinate with the Department, in non-criminal matters, in carrying out its compliancemonitoring and enforcement responsibilities. More specifically, in accordance with40 CFR271.8, the EPA agrees to: provide a basis for and coordinate with the Department in, the selection of facilities for EPA inspection;

Page 9of15allowthe Department a reasonable opportunity to inspect a facility that the EPA has reason to believe is notin compliance before the EPA conducts such inspection; normally give the Department at least fifteen (15) days notice ofthe intent to inspect; and, invite the Departmentto participate in EPA inspections. Such communication betweenthe agencies is intended to provide appropriate coverage ofthe RCRA-regulated universe and to avoid unnecessary duplication of effort

. In case ofan imminenthazard to human health and the environment or other circumstances requiring immediate attention, the EPA may shorten or waive the fifteen (15) day notice period. In accordance with 3008(a)(2) ofRCRA, the EPA will notify the Departmentprior to issuing a compliance order or bringing an enforcement action under 3008(a). The EPA also agrees to provide the Department with copies ofreports and other information resulting from any compliance inspection and subsequent enforcement actions within thirty (30) days oftheir completion. The EPA also agrees to provide the Department with a copy ofall compliance orders, notices ofviolation, warning letters and civil complaints at the time the documents are transmitted to the violator.



### VII. INFORMATION MANAGEMENT AND SHARING This section ofthe Agreement addresses howthe agencies will manage and share information on the status and progress ofthe Program. The Department and the EPA both agree to make information available to each other in accordance with 40 CFR 271.17. A. STATE The Department, due to its authorization status, is the primary implementer ofthe Program, and has many information management and sharingresponsibilities. Paramount among the Department's information management and sharing responsibilities are the following: 1. The Department agrees to inform the EPA in advance ofany proposed Statutory or Program changes which could affect the Department's ability to implement the authorized Program. Program changes ofconcern include modifications ofthe Department's legal authorities (i.e., statutes, rules, and judicial or legislative actions affecting those authorities) and modifications of resource levels (i.e., available orbudgeted personnel and funds). The Departmentrecognizes that Programrevisions that require the EPA's authorization must be made in accordance with the provisions of40 CFR 271.21.

Page 10of152. The Departmentwill maintain timely, accurate and complete information in the national electronic database that supports the principal elements ofthe Program. Also see the standards found in the most recent version ofthe State OversightPlan/State Review Framework. 3. The Department agrees to submit narrative reports detailing their progress towards achieving national program goals and meeting annual targets. 4. The Department agrees to assign RCRA identification numbers to all RCRA handlers (generators, transporters, and owners and operators ofhazardous waste TSDFs) submitting notifications to the Department orto the EPA. An exceptionto this requirement is that the EPA will work with the Department to assign RCRA identification numbers for any handlers located in Indian country. 5. The Department will ensure that the EPA Region 8 is onthe mailing list for notification ofTSDF permit actions and will submitthe following information within fifteen (15) working days ofreceipt ofa request from the EPA: All facility permit applications, revisions and additions; Draftpermits, proposedpermitmodifications, and public notices; Final permit orpermit modifications; and, • Copies ofall interim status closure/post-closureplans. 6. The Department will work with and provide to the EPA, South Dakota biennial report data. A summary ofthis information will be compiled with assistance from the EPA and made available as part ofthe national reportto the public each even-numbered year. 7. The Department agrees to eitherprovide, or allowthe EPA to review at the Department office, any pertinent informationrequested by the Regional Administrator or his orher designee within a mutually agreed upon time frame, as necessary for the EPA to carry out its oversightresponsibilities. B. EPA The EPA's primary role in information sharing is to provide the Department with timely and useful information to enhance South Dakota's Program. 1. The EPA will keep the Department informed in a timely manner ofthe content and meaning offederal statutes, regulations, guidelines, standards, policy decisions, directives, or other factors that affect the Program. The EPA will provide general and specific program and technical assistance and training to the Department. The EPA will provide the Department with any national EPA reports developed regarding hazardous waste management.

Page 11of152. The EPA agrees to provide training and technical assistance in the operation and maintenance ofthe national database. 3. Underthejointpermittingprocess (Section V.C.) the EPA agrees to provide the Departmentwith the following within five (5) working days ofreceipt or completion by the EPA: any PartA orPart B permit applications, and any necessary supporting information, whether received prior to or subsequentto the effective date ofthis Agreement; copies ofdraft and final permits, permit modifications, and public notices; and, notices ofpermit denials. 4. The EPA agrees to make available to the Department compliance assurance information as provided in Section VII.B. ofthis Agreement. 5. The EPA will forward delisting petitions from persons or companies operating in SouthDakotato the Departmentwithin ten (10) days ofreceipt bythe EPA. 6. The EPA will forward notification information submitted by persons or companies in South Dakotawho file such forms. This information will be submitted to the Department within ten (10) days ofreceiptby the EPA. 7. The EPA will make available to the Department, withinthirty (30) days of receipt ofa request from the Department, other relevant and available information needed by the Department to implement its approved Program. Information providedto the Departmentwill be subjectto the terms ofSouth Dakota Codified Laws (SDCL) 34A-11-22, and any relevant federal statutes.
C. AVAILABILITY AND CONFIDENTIALITY OF INFORMATION The following provisions apply to the availability and confidentiality ofProgram information: 1. Availability of Information to the Public The Department agrees to make information available to the public in accordance with SDCL 34A-11-22 and 1-40-31. The EPA agrees to make information available to the public in accordance with federal requirements at 40 CFRPart 2. 2. Confidentiality

STATE Page 12of15Ifinformation has been submitted to the Department under a claim of confidentiality, the Departmentmust note that claim to the EPA when providing the information. Any information obtained from the EPA that is subjectto a claim of confidentiality will be treated in accordance with SDCL 34A-11-22 and 1-40- 31. EPA Ifinformation has been submitted to the EPA under a claim ofconfidentiality, the EPA mustnote that claim to the Department whenprovidingthe information and will transferthat information in accordance with the requirements of40 CFRPart 2. The EPA will notify the affected companies when such information is sent to the state. Any information obtained from South Dakota and subjectto a claim of confidentiality will be treated in accordance withthe regulations in 40 CFR Part 2. D. SPECIAL SITUATIONS The following information sharingprovisions apply to special situations: 1. 

### Site Visits to Support the NationalRCRA Program The EPA may sometimes require site-specific information to fulfill its duties in developing and managing the national RCRA Program. Ifthe EPA determines that it needs to obtain information related to hazardous waste management in South Dakota, the EPA will request information from the Department. The Department agrees to supply the EPAwith this information, ifreadily available and as resources allow. Ifthe Department is unable to provide the information orifit is necessary to supplementthe information, the EPA may conduct a special survey or perform information collection site visits after notifying the Department and providingthe Departmentthe opportunityto accompany EPA personnel on suchvisits. The EPA will share with the Departmentthe data collected and any national reports developed by the EPA resulting from the information collected

. 

### 2. Other Situations Any other special situations will be handled on a case-by-case basis using a high level ofcooperation and coordination in a partnership to assure successful and effective administration ofthe State program.

Page 13of15

### VIII. PROGRAM REVIEW, OVERSIGHT The EPA will assess the Department's administration and enforcement ofthe Hazardous Waste Program on a continuing basis for equivalence and consistencywith RCRA, this Agreement, the standards found in the most recent version ofthe State Oversight Plan/State Review Framework, and all federal program requirements. The purpose ofthis oversight assessment will be to: Ensure full execution ofthe requirements ofthe Program as authorized; Ensure that RCRA 3011 grant funds are spent appropriately; Strengthen the Department's Program through positive and constructive communication and feedback; Encourage the Department and the EPA to coordinate on desirable program and technical support and training, and targets forjoint efforts. Promote national standards as the minimum in implementation ofthe Hazardous Waste Program; and Allow the EPA to report to the President and Congress

. The EPA will conductthis assessment through review ofinformation submitted bythe Department, in accordance with this Agreement and the state grant requirements, and through review ofthe Department's Program activities as described in the State annual work plan from the PPA. The EPA may also consider, as part ofthis assessment, written comments about the Department's Program administration that are received from regulated persons, the public, and federal, state, and local agencies. Copies ofany such comments received by the EPA will be provided to the Department Secretary orhis designee as soon as possible. To ensure an effective Program review, the Department agrees to allow the EPA access, without restriction, to any information obtained or used in the administration ofthe state Program. The EPA oversight file reviews shall be scheduled at reasonable intervals, with two (2) weeks notice generally given prior to an oversight file review. Program review meetings between the Department Secretary, Program Administrator and the Regional Administrator or their designees will be scheduled at least annually to review operatingprocedures 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 the EPA and provided to the Department fifteen (15) days in advance ofthe meeting.

Page 14of15

### IX. SIGNATURES

STATE OF SOUTH DAKOTA DEPARTMENT OF ENVIRONMENT AND NATURALRESOURCES

Vonni Kallemeyn, Admini5 Waste Management Program

Date: 

# la- I{

- 

# {5

U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 8

Kelcey L irector RCRA/CE CLA Technical Enforcement Program Office ofEnforcement, Compliance,

and Environmental Justice

Date: j 

# /cJ.13

# Ji(p f I 

# <J_:(

Regional Administrator Steven Pirner, Secretary Department ofEnvironment and Natural

Resources



# ?u({lwU 1
- J<H&. Nancy Morlock, Director Resource Conservation and Recovery Program Office ofPartnerships and Regulatory Assistance

Date:

_____ _

Date: 

### <. { ('\ 

## f 1 (p

Page 15of15