MEMORANDUM OF AGREEMENT 

BETWEEN 

THE STA TE OF SOUTH DAKOTA 

AND 

THE REGION 8 OFFICE OF 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

FOR ADMINISTRATION OF THE RCRA HAZARDOUS WASTE PROGRAM 

I. PURPOSE AND SCOPE 

This Memorandum of Agreement (Agreement) is entered into by the South Dakota 

Department of Environment and Natural Resources (the Department) and the U.S. 

Environmental Protection Agency, Region 8 (the EPA) to establish responsibilities and 

procedures for administering the Hazardous Waste Program (Program) in South Dakota. 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); this Agreement has been developed 

pursuant to 40 CFR. 271. 8 to address the full range of Program activities. (For purposes 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 

of the federally authorized South Dakota Program, and in the EPA's administration and 

enforcement of the provisions of HSWA for which the state is not yet authorized. Nothing 

herein is intended to, and this Agreement does not create any rights, obligations, 

responsibilities, expectations, or benefits 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 of the EPA, Region 8, Resource Conservation and Recovery Program and 

RCRA Technical Enforcement Program. This document shall become effective on the date 

when signed by the last party to this Agreement. This Agreement supersedes all previous 

RCRA MOAs and separate Enforcement Agreements (EAs). 

The agencies will review this Agreement jointly as needed. This Agreement may be modified 

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

modification of this Agreement shall be promptly elevated within each organization. Any 

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revisions or modifications to this Agreement must be in writing and must be signed by the 

Department Secretary, the Program Administrator, and the Regional Administrator. This 

Agreement will be effective as long as the South Dakota Program's authorization remains in 

effect or until superseded. 

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 

Department's authority to fulfill its responsibilities under federal and South Dakota law. 

Nothing in this Agreement shall be construed to restrict in any way the EPA's authority to 

fulfill its program administration, enforcement, and oversight responsibilities under RCRA. 

Nothing in this Agreement may override any provision 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 the EPA has under its criminal statutory, regulatory, or common law 

authority of the United States. 

The agencies agree to maintain a high level of cooperation and coordination in a partnership 

to ensure successful and effective administration of the State Program. Both agencies agree to 

consult with each other when developing their own regulations (State only), policies, and 

guidance to ensure consistency with the national program. The agencies recognize that 

guidance documents do not have the authority of statutes or regulations. 

A. STATE 

The Department assumes primary responsibility for implementing the authorized 

provisions of the 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 of the Program in South Dakota. 

B. EPA 

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

of the Program, including implementation of any HS WA requirements for which the 

Department is not authorized, and full implementation of the Program in Indian 

country (as defined at 18 U.S.C. 1151 ). The EPA has the authority to bring its own 

enforcement action but must enforce the federally-authorized state rules for violations 

of the authorized Program. 

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The EPA' s primary role in the hazardous waste program is to emphasize 

strengthening the Department's Program through program and technical assistance 

and training. The EPA agrees to work with the Department to identify assistance and 

training needs. 

The EPA also oversees and ensures adequate implementation of the authorized 

Program and appropriate expenditure of federal grant funds. In this oversight role, the 

EPA will evaluate State Program implementation against federal program statutory 

and regulatory requirements. Section VIII of this Agreement presents more detail on 

the oversight process. 

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 the EPA 

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

receives authorization to implement those HSW A provisions. South Dakota has 

independent state statutory authority to promulgate and enforce rules that are not 

inconsistent with or are identical to the HS WA provisions, regardless of whether 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 that their staff will 

cooperate to ensure effective and efficient Program implementation. Specific roles 

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

D. ROLES IN EMERGENCY SITUATIONS 

In the case of imminent and substantial endangerment to human health or the 

environment, either the Department or the EPA may take immediate enforcement 

action to abate that endangerment. 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 agencies agree 

to immediately notify the other party by telephone or email when action to abate such 

imminent hazard is planned or taken. The phone call or email will be followed with 

written confirmation within five (5) working days of the call. 

During normal business hours, the EPA will contact the Department concerning 

emergency hazardous waste situations by contacting the Waste Management Program 

at (605) 773-3153. During evening and weekend hours, the EPA will contact the 

South Dakota Office of Emergency Management's 24-hour Spill Line at (605) 773-

3231. Notification to the EPA will be provided to a manager in either the Resource 

Conservation and Recovery Program or the Technical Enforcement Program, as 

appropriate. 

E. OTHER FEDERAL LAWS THAT MAY APPLY 

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The 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). 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, 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 Department agrees, as resources allow, to assist the EPA in identifying potential 

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

fulfill its obligations (if any) during Program implementation. 

III. PROGRAM MANAGEMENT 

The Department and the 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 national program goals and objectives. The goals and 

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

the Program, the 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 South Dakota. The goals and 

objectives will serve to identify the activities to be discussed during negotiations that occur as 

part of the Performance Partnership Agreement (PP A). 

The agencies have developed criteria or standards to document achievement of program 

goals. The standards that will form the basis for oversight of the program by the EPA are 

found in the most recent version of the 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. STATE PERMITTING 

Because the state is authorized under RCRA, the Department 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 

Department agrees to focus resources on issuing permits or other approved controls 

for those facilities identified as part of the Corrective Action 2020 Universe. 

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The Department 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. This review and reissuance process will be completed within one (1) 

year of the effective date of authorization. The Department will ensure state 

permitting procedures are consistent with federal procedures under 40 CFR Parts 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 Department will satisfy or refute the 

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 

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

the Department is not yet authorized and in Indian country. This includes new 

permits, permit renewals and permit modifications. 

Upon authorization of new requirements applicable to permits, the EPA will suspend 

issuance of federal 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) of its 

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 of those requirements. Also, there may be 

situations where South Dakota has promulgated requirements for which the 

Department 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. The EPA will co-sign permits 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 of those provisions of the permit 

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D. EPA REVIEW OF ST ATE PERMITS 

The 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 the EPA commented on the draft or proposed 

control action previously. As part of the annual PP A process, the agencies will 

identify and discuss general and specific priorities for permit review activities. 

The EPA's comments will be made within forty-five (45) days ofreceipt of the draft 

permit. Where the EPA indicates in a comment that issuance, modification, 

reissuance, termination, or denial of the permit would be inconsistent with the 

approved state Program, the EPA shall include in its comments those conditions 

which the permit would include if it were issued by the EPA. In exercising these 

authorities, the EPA will observe the conditions established in 40 CFR 271.19. 

Both agencies agree to confer whenever necessary to resolve a disagreement between 

their staffs on the conditions of any RCRA permit to be issued by the Department. 

V. CORRECTIVE ACTION 

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

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

investigation and remedial action, stabilization, achievement of environmental indicators, and 

final cleanup. 

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; 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 

of this will be on administrative and procedural requirements. 

A. ST ATE CORRECTIVE ACTION 

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The Department is authorized for the corrective action provisions of HSW A and has 

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

federally authorized state law. The Department reserves its right to implement and 

enforce the corrective action provisions of the state and federally-authorized program 

at all facilities. The Department will use its enforcement authorities and tools as 

appropriate to achieve compliance with corrective action requirements. 

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

Action 2020 Universe or otherwise determined to be a high priority. The primary 

focus at these 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 and may independently determine a need to exercise 

these authorities at facilities in South Dakota. The EPA may also use its authorities to 

directly manage corrective action at specific facilities in South Dakota when such 

action is requested by the Department. The EPA will consult with the Department on 

these facilities, especially at the following key stages of the corrective action process: 

proposal of initial draft order to the facility; 

approval of clean up levels; and, 

remedy selection. 

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

notice to the Department. The Department retains its authority to inspect these 

facilities. The Department will provide seven (7) days advance notice to the 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 Department may shorten or waive the notice period. 

VI. COMPLIANCE ASSURANCE 

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

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

follows: 

A. ST ATE COMPLIANCE ASSURANCE 

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

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

the Department agrees to carry out a timely and effective Program for monitoring 

compliance by generators, transporters and facilities with applicable Program 

requirements. 

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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 

Program Description, the PP A and the annual inspection plan and will be consistent 

with all applicable federal requirements. Environmental data collection and analysis 

will be in accordance with the most recent approved Quality Management Plan for 

Analytical Data for South Dakota, which is considered part of this Agreement. 

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

November l 51

h for 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 

Department will annually inspect all RCRA TSDF facilities which are owned or 

operated by the federal government. The Department will give the EPA an 

opportunity to participate in and/or conduct oversight on these 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 of any Program requirements. The 

Department will maintain procedures for receiving and ensuring proper consideration 

of information about violations submitted by the public or federal compliance 

inspectors. 

The Department agrees to provide the EPA with copies of reports and other 

information resulting from any compliance inspection, including any subsequent 

enforcement actions, when the EPA requests such copies. When the compliance 

inspection is subject to a physical oversight inspection by the EPA, the Department 

will provide the inspection report within thirty (30) days of its 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 of the enforcement action have been fully satisfied. 

The Department agrees to provide the 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 Department agrees to maintain 

adequate written penalty assessment information and final settlement justification 

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 of RCRA and any other applicable federal 

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

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

Agreement shall restrict the EPA's compliance monitoring and enforcement authority. 

The 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. The 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 the 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. 

The EPA and the Department will jointly 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 Department review and joint 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 of EPA 

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; 

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

when the Department is not authorized to take action or the Department's 

authority is limited; 

when the 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 not taken the required enforcement action in the required 

time frame; . 

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 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 compliance monitoring and enforcement responsibilities. More 

specifically, in accordance with 40 CFR 271.8, the EPA agrees to: 

provide a basis for and coordinate with the Department in, the selection of 

facilities for EPA inspection; 

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allow the Department a reasonable opportunity to inspect a facility that the 

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

inspection; 

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

inspect; and, 

invite the Department to participate in EPA inspections. 

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 

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 Department prior to 

issuing a compliance order or bringing an enforcement action under 3008(a). The 

EPA also agrees to provide the Department with copies of reports and other 

information resulting from any compliance inspection and subsequent enforcement 

actions within thirty (30) days of their completion. The EPA also agrees to provide 

the Department 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. 

VII. 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 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 of the 

Program, and has many information management and sharing responsibilities. 

Paramount among the Department's information management and sharing 

responsibilities are the following: 

1. The Department agrees to inform the EPA in advance of any proposed 

Statutory or Program changes which could affect the Department's ability to 

implement the authorized Program. Program changes of concern include 

modifications of the Department's legal authorities (i.e., statutes, rules, and 

judicial or legislative actions affecting those authorities) and modifications of 

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

Department recognizes that Program revisions that require the EPA' s 

authorization must be made in accordance with the provisions of 40 CFR 

271.21. 

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

the national electronic database that supports the principal elements of the 

Program. Also see the standards found in the most recent version of the State 

Oversight Plan/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 of hazardous 

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

exception to 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 on the mailing list for 

notification of TSDF permit actions and will submit the following information 

within fifteen (15) working days of receipt of a request from the EPA: 

All facility permit applications, revisions and additions; 

Draft permits, proposed permit modifications, and public notices; 

Final permit or permit modifications; and, 

• Copies of all interim status closure/post-closure plans. 

6. The Department will work with and provide to the EPA, South Dakota 

biennial report data. A summary of this information will be compiled with 

assistance from the EPA and made available as part of the national report to 

the public each even-numbered year. 

7. The Department agrees to either provide, or allow the EPA to review at the 

Department office, any pertinent information requested by the Regional 

Administrator or his or her designee within a mutually agreed upon time 

frame, as necessary for the EPA to carry out its oversight responsibilities. 

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 of the content 

and meaning of federal 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. 

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2. The 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.) the EPA agrees to provide 

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

completion by the 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. The EPA agrees to make available to the Department compliance assurance 

information as provided in Section VII.B. of this Agreement. 

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

in South Dakota to the Department within ten ( 10) days of receipt by the EPA. 

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

companies in South Dakota who file such forms. This information will be 

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

7. The EPA will make available to the Department, within thirty (30) days of 

receipt of a request from the Department, other relevant and available 

information needed by the Department to implement its approved Program. 

Information provided to the Department will be subject to the terms of South 

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 of Program 

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 CFR Part 2. 

2. Confidentiality 

STATE 

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

confidentiality, the Department must note that claim to the EPA when 

providing the information. 

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

confidentiality will be treated in accordance with SDCL 34A-11-22 and 1-40-

31. 

EPA 

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

the EPA must note that claim to the Department when providing the 

information and will transfer that information in accordance with the 

requirements of 40 CFR Part 2. The EPA will notify the affected companies 

when such information is sent to the state. 

Any information obtained from South Dakota 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. Site Visits to Support the National RCRA Program 

The EPA may sometimes require site-specific information to fulfill its duties 

in developing and managing the national RCRA Program. If the 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 EPA with this information, 

if readily available and as resources allow. If the Department is unable to 

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

EPA may conduct a special survey or perform information collection site 

visits after notifying the Department and providing the Department the 

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

with the Department the 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 of cooperation and coordination in a partnership to assure 

successful and effective administration of the State program. 

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VIII. PROGRAM REVIEW, OVERSIGHT 

The EPA will assess the Department's administration and enforcement of the Hazardous 

Waste Program on a continuing basis for equivalence and consistency with RCRA, this 

Agreement, the standards found in the most recent version of the State Oversight Plan/State 

Review Framework, and all federal program requirements. The purpose of this oversight 

assessment will be to: 

Ensure full execution of the requirements of the 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 for joint efforts. 

Promote national standards as the minimum in implementation of the Hazardous 

Waste Program; and 

Allow the EPA to report to the President and Congress. 

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

Department, in accordance with this Agreement and the state grant requirements, and through 

review of the Department's Program activities as described in the State annual work plan 

from the PP A. 

The EPA may also consider, as part of this assessment, written comments about the 

Department's Program administration that are received from regulated persons, the public, 

and federal, state, and local agencies. Copies of any such comments received by the EPA will 

be provided to the Department Secretary or his 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 of the 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 

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 the EPA and provided to the Department fifteen ( 15) days in 

advance of the meeting. 

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IX. SIGNATURES 

STATE OF SOUTH DAKOTA 

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 

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 of Enforcement, Compliance, 

and Environmental Justice 

Date: j /cJ.13 Ji (p f I 

<J_:( 

Regional Administrator 

Steven Pirner, Secretary 

Department of Environment and Natural 

Resources 

?u({lwU 1- J<H&. 

Nancy Morlock, Director 

Resource Conservation and Recovery Program 

Office of Partnerships and Regulatory 

Assistance 

Date: _____ _ 

Date: <. { ( '\ f 1 (p 

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