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• MEMORANDUM OF AGREEMENT BETWEEN
THE STATE OF IDAHO
AND
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 10
I. GENERAL
This MemorandumofAgreement (hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR 271.8 for the State ofIdaho Hazardous Waste program (hereinafter "State Program") authorized under Section 3006 ofthe Resource Conservation and Recovery Act (hereinafter "RCRA or "the Act") of 1976 (42 USC 6901 et seq.), as amended (Public Laws 94-580,96-482,98-616), and the United States Environmental Protection Agency (hereinafter EPA) Regional Office for Region 10. This Agreement further sets forth the manner in which the State and EPA will coordinate in the State's administration and enforcement ofthe State programand, pending State authorization, EPA's administration ofthe non-authorized provisions ofthe Hazardous and Solid Waste Amendments of 1984 (HSWA). Forpurposes ofthis Agreement, references to "RCRA" include HSWA.
This Agreement is entered into by the Administrator ofthe Division ofEnvironmental Quality, Idaho Department ofHealth and Welfare (hereinafter "DEQ Administrator" or "the State") and the Regional Administrator, EPA Region 10 (hereinafter "Regional Administrator" or "EPA"). Nothing in this Agreement shall be construed to restrict in any way EPA's authority to fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this Agreement shall be construed to contravene any provision of40 CFRPart 271. This Agreement does not restrict EPA's oversight authority for State programactivities that are part ofthe federal program, does not establish privity between EPA and the State, and does not restrict EPA's independent enforcement authority.
Theparties will review the Agreementjointly at least once a year (and other times as appropriate) during preparation ofthe annual State Grant workplan orPerformance Partnership Grant (hereinafter "Grant"), in connection with grant funding under section 3011 ofRCRA.
This Agreement maybe modified upon the initiative ofeither party in order to ensure consistency with State programmodifications made or for any otherpurpose mutually agreed upon. Any revisions ormodifications to this Agreement mustbe in writing and must be signed by the State and the Regional Administrator. This Agreement will remain in effect until such

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time as State program authorization is withdrawn by or is voluntarily transferred to EPA according to the criteria and procedures established in 40 CPR 271.22 and 40 CPR 271.23. This Agreement is being revised because the State is submitting a revised authorization application. This Agreement shall be signed by the State and the Regional Administrator and shallbecome effective after being signed by bothparties. This Agreement shall replace the Agreement dated September 17, 1996, effective October 6, 1998.


### II. POLICY STATEMENT
Each ofthe parties to this Agreement is responsible for ensuring that its obligations under RCRA are met. Upon granting offinal authorization by EPA, the State assumes primary responsibility for implementing the authorized provisions ofthe RCRA hazardous waste program within its geographic boundaries, except in Indian country. The State will conduct its hazardous waste programin accordance with EPA programpolicies and guidance.' While EPA retains responsibility for the direct implementation ofthose provisions ofHSWA for which the State is not authorized, it is the intention ofEPA and the State to coordinate the implementation ofsuch provisions to the greatest degree possible. The State and the Regional Administrator agree to maintain a high level ofcooperation and coordination between their respective staffs in a partnership to assure successfuland effective administration ofthe State program EPA will oversee implementation ofthe authorized State programin order to ensure full execution ofthe requirements ofRCRA, to promote national consistency in the hazardous waste program, to allow EPA to report to the President and Congress on the achievements ofthe hazardous waste program, and to encourage the State and EPA to agree on desirable technical support and targets forjoint efforts to prevent and mitigate environmental problems associated with the improper management ofhazardous wastes. Oversight will be 

### accomplished by EPA through writtenreporting requirements, permit overview, compliance and enforcement overview, and annual review ofthe State's programs.

1 These policies and guidance include, at a rru.ria.murn, the OSWER Consolidated Guidance; the Office of Enforcement and Compliance Assurance MOA guidance; RCRA Civil Penalty Policy dated October 26, 1990; National Criteria for a Quality Hazardous Waste Program; revised Hazardous civil Enforcement Response Policy (April, 15, 1996); and the EPA Policy on Performance Based Assistance (May 31, 1985); and the May 1; 1996 Advanced Notice of Proposed Rulemaking for the Corrective Action Program, Setting Customer Service Standards (E.O. 12862, September 11, 1993); Improving Customer Service (Fred Hanson, April 8, 1998); Federal Actions to Address Environmental Justice in Minority Populations and Lowincome Populations (E.O. 12892, February 11, 1994); EPA OSWER Environmental Justice Action Agenda (EPA 540/R-95/023, 1995).
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• III. STATE PROGRAM REVIEW 

### The Regional Administrator will assess the State'administration and enforcement ofthe hazardous waste program on a continuing basis for equivalence and consistency with RCRA, this Agreement, and all applicable Federalrequirements and policies, and for adequacy of enforcement. This assessment will be accomplished by EPA review ofinformation submitted by the State in accordance with this Agreement and the State Grant work program, permit overview, compliance and enforcement overview, and annual review ofState program activities. The Regional Administrator may also consider, as part ofthis regular assessment, written comments about the State's program administration and enforcement that are received from regulated persons, the public, and Federal.Etate and local agencies. Copies ofany such comments received by the Regional Administrator will be provided to the State. Except for those documents protected by attorney client privilege pursuant to Idaho Rule ofEvidence 502, Idaho Code § 

### 9-203, or otherwise subject to protection as attorney work product pursuant to Idaho Rules ofCivilProcedure 26(b)(3), the State shall allow EPA to routinely review State records, reports, and files relevant to the administration and enforcement ofthe approved program. EPA agrees that allrequests for information will be coordinated in advance when possible. Coordination willnot subject EPA to State FOIA requirements. Programreview meetings between the State and the EPA will be scheduled at reasonable intervals to 

### review specific operating procedures and schedules, to resolve problems and to discuss mutual programconcerns. These meetings will be scheduled at least fifteen days in advance unless mutually agreed to differently. A tentative agenda for the meeting will be preparedby EPA.
The State and EPA agree to develop, on an annual basis as a part ofthe State grant work program, criteria for priority activities, including activities regarding handlers ofhazardous waste. These criteria will be based on guidance issued by EPA in the annual Agency Operating Year Guidance, other guidance documents as may be appropriate, and State specific concerns, and will serve to identify those activities which should receive the highest priority during the grant period.
IV. INFORMATION SHARING
A. General


### This Section covers information sharing on miscellaneous elements ofthe RCRA program, includingnotification, RCRIS data, etc. Specific information sharing requirements for the other major programelements are covered in their respective Sections: V. 

### Permit Issuance, VI. Permit Administration, and VII. Enforcement. Detailed tables describing the flow of documents between the State and EPA for Sections V., VI., and VII. ofthe MOA are included at the end ofthis document. As the respective information needs ofthe State and EPA evolve, changes to 

### this section ofthe Agreement or the tables may be appropriate. During the annual

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review ofthis Agreement the State and the Regional Administrator will carefully examine the information sharing requirements for needed revision. (;

Information related to Sections V. and VI., Permitting, and Section VII., Enforcement, shall be sent by the State to: JeffHunt, EPA Region 10, 1200 Sixth Ave., WCM-122, Seattle, WA 98101. EPA shall send permit and enforcement related information to: Brian Monson, Idaho Department ofHealth and Welfare, Division ofEnvironmental Quality, 1410 NorthHilton, Boise, ill 83706-1255.
1. EPA will keep the State informed ofthe content and meaning ofFederal statutes, regulations, guidelines, standards, policy decisions, directives, and any other factors that affect the State program EPA will also provide general technical guidance to the State. EPA will share with the State any reports developed by EPA from the data submitted through State reporting requirements.
2. EPA will make available to the State otherrelevant information as requested which the Stateneeds to implement its approved program Information provided to the State will be subject to the terms of40 CFR Part 2.
3. The State agrees to informthe Regional Administrator ofany proposed programchanges which would affect the State's ability to implement the authorized programwith as much advance notice as possible. Programchanges ofconcern include modification ofthe State's legal authorities (i.e., statutes, regulations andjudicial or legislative actions affecting those authorities), modifications ofMemoranda ofAgreement orUnderstanding with other agencies, and modifications ofresource levels (i.e., available or budgeted personnel and funds). Programchanges also include legal changes that would affect compliancemonitoring and enforcement, such as privileges and immunities laws. The State recognizes that programrevisions must be made in accordance with the provisions of40 CFR 271.21, and that until approved by EPA, revisions are not authorized as RCRA Subtitle C requirements, however revisions maybe enforced under State laws and authority but not in lieu offederal RCRA until such time, ifany, as EPAhas approved and authorized suchrevisions. EPA agrees to support the State with timely review of proposed State legislation that might have a significant potential to affect the authorized hazardous waste program 

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4. Except for documents and information protecetedby attorney client privilege pursuant to Idaho Rule ofEvidence 502 and Idaho Code § 9-203 or otherwise subject to attorney work product pursuant to Idaho Rules ofCivil Procedure 26 (b)(3) ,the State agrees to provide any pertinent information requested by the Regional Administrator orhis orher designee, within a mutually agreed upon time frame, as necessary for EPA to carry out its oversight responsibilities. 

### 5. The State agrees to submit the following reports and documents to the Regional Administrator orhis orher designee within the specified time periods: a) Midyear and 

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# • End-of-Year reports on the dates set in the Grant and b) Additional reports and documents as specified by the Grant.
6. The State agrees to provide EPA with a copy ofany decisions regarding requests made by hazardous waste handlers to change their classifications (e.g., requests to be deleted as generators but to retain facility status) and facility requests to make on-site changes prior to permit issuance (e.g., requests to handle additional wastes not identified on the facility's original notification and RCRA Part A Permit Application.)
7. EPA agrees to adhere to the schedules in the Grant and the schedules specified by the Grant, including the Document Flow Tables.


### B. Site Visits
EPA is responsible for maintaining reliable national data on hazardous waste management. This data is used to report to the President and Congress on the achievements of the hazardous waste program and to support EPA's regulatory development efforts. Whenever EPA determines that it needs to obtain certain information, EPA will first seek to gain this information from the States. The State ofIdaho agrees to supply the Regional Administrator with this information ifreadily available and as resources allow in accordance with section IV 

# • . (A)(4) hereof. If the State is unable to provide the information or ifit is necessary to supplement the State information, EPA may conduct a special surveyorperforminformation collection site visits after notifying the State (normally with at least seven days advance notice) and inviting the State to participate in the site visit. EPA will share with the State any reports developed by EPA as a result ofsuch information collection. C. 

### Emergency Situations Upon receipt ofany information that the handling, storage, treatment, transportation, or disposal ofhazardous waste is endangering human health 

### Of the environment, the party in receipt ofsuch information shall immediately notify by telephone the Idaho Emergency Response Communication center at 1-800-632-8000.


### D. Confidentiality
1. Subject to the provisions ofsection IV (A) (4) herein regarding attorney client privilege and attorney work product protection ,any information obtained or used in the administration ofthe State program shall be available to EPA. Ifthe information has been submitted to the State under a claim ofconfidentiality, the State must submit said information to EPA in a manner reasonably anticipated to place EPA on notice ofsuch claim ofconfidentiality. Any information obtainedfrom a State and subject to a claim of confidentiality will be handled in accordance with the regulations in 40 CPR Part 2, 

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2. EP A agrees to furnish to the State information in its files which is not submitted under a claim ofconfidentiality and which the State needs to implement its program. EPA will 

# o release confidential information only to States with confidentialityprovisions equivalent to 40 CFRPart 2. Subject to the conditions in 40 CFR Part 2, EPA will furnish to the State information submitted to EPA under a claim ofconfidentiality which the State needs to implement its program. All information EPA agrees to transfer to the State will be transferred in accordance with the requirements of

### 40 CFRPart 2. EPA will notify affected facilities when such information is sent to the State. The State will handle such information in accordance with the Idaho Public Records Act, Idaho Code § 9-337 et seq. 

### E. Delisting
The State shall send a copy ofany delisting petition, and all subsequent revisions, to EPA within 15 days ofreceipt. Please consult the Enforcement and Compliance document flow table, attached to this agreement that contains additional information on delisting documents the State will share withEPA.


### F. Notification
EPA and the Statehavejointly decided that the State will assign all EPA I.D. numbers and enter all notification data into RCRIS. Ifthe applicant sends a notification form (8700-12 or equivalent) directly to EPA, EPA will forward the form to the State for the assignment ofan I.D. number within 30 days ofreceipt. Ifthe State receives a notification formfromEPA orfromthe applicant, the State will assign an I.D. number to the applicant and informthe applicant ofits number.

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### G. Variances and Waivers
The State agrees to provide EPA with a copy ofeachproposed variance and waiver at the time it is received. Within 45 days ofreceipt, EPA canreview and comment on any proposed variance or waiver. The State agrees to halt any proposed action, within the 45 day comment period, ifEPA determines that the proposed variance or waiver is inconsistent with the State's authorized program. This 45 day comment period can be shortened on a caseby case basis by mutual consent. The State will transmit a copy ofany public notices, variances, or waiver approvals to EPA within ten (10) days ofissuance.


### H. RCRA Data Management
1. The State agrees to use, maintain, and enter data into, the nationalRCRA data management systems (currently RCRIS).
2. The State and EPA share oneRCRIS database, effective October 1, 1998. The State and EPA Region 10 are eachresponsible for the correctness ofthe data enteredby their agency. 

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### The State will enter all required RCRA Core data monthly into RCRIS and may submit or enter data as agreed between EPAand the State.
4. The State will collect Biennial Reporting data and provide Biennial Reporting System (BRS) data that has passed all basic BRS edits to EPA for loading into the national BRS according to the schedule promulgated by EPA Headquarters, and the schedule in the Grant.
5. EPA will be responsible for maintenance and clean-up ofall EPA data entered in the RCRIS corrective action module prior to the State'sauthorization for HSWA corrective action.
6. EPA will inform the State promptly when changes are made to RCRIS that might affect the State's implementation ofRCRIS. EPA will assist the State inRCRIS consulting and training as resources allow.
7. As resources allow, EPA will assist the State in developing RCRISIRCRA Info reports. 8. Neither the State nor EPA will unilaterally change its RCRIS implementer system in any way without advance consultation with, and agreement of, the other party. 

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### Both EPA and the State have the right, as implementers ofRCRIS, to choose and to change their RCRIS hardware platforms to optimize system efficiency, but will not do so in such a way as to negatively affect the RCRIS data base, access to the RCRIS database reports, or the potential for updating RCRIS with new data.


# v. PERMIT ISSUANCE
A. EPA Permitting 

### Upon authorization ofthe State program, EPA will suspendissuance ofFederal permits for hazardous waste treatment, storage, and disposal facilities for which the State is receiving authorization. IfEPA promulgates standards for additional regulations mandated by HSWA, that are not covered by the State's authorized program, EPA will issue and enforce RCRA permits in the State for these new regulations until the State receives final authorization for equivalent and . consistent State standards. If

### EPA promulgates new standards requiring a permit modification, then EPA may, pursuant to 40 CPR 270.42(b)(6)(vii), extend the time period for fmal approval or denialofa modification request until such time that the State receives authorization for the new standards. At the time the State programis approved in the new areas, EPA will suspend issuanceofFederal permits in the State. The State and EPA have agreed to ajoint permitting process (see section V.D ofthis Agreement) for thejoint processing and enforcement ofpermits for those provisions ofRCRA for which the State does nothave authorization

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### EPA will transfer any pending permit applications, completed permits or pertinent tile**C~** 

### information to the State within forty-five days ofthe approval ofthe State programin /' conformance with the conditions ofthis Agreement.



### B. EPA Overview of State Permits
While EPAmay comment on any permit application or draft permit, EPA's overview function will focus primarily on those facilities identified by the State and EPA in the State's RCRIS Permitting Six Quarter Plan, annual State Grant Work Program and the State's Program Description.
EPA may comment in writing on any draft permit or proposedpermit modification, within,forty five days ofits receipt, whether or not EPA commented on the permit application. Where EPA indicates in a comment that issuance, modification, reissuance, terminationor denial ofthe permit would be inconsistent with the approved State program, EPA shall include in the comment:

a. A statement ofthe reasons for the comment (including citation to the section of the State or federal law orregulations that supports the comment), and
b. 

### The actions that should be taken by the State to address the comment (including the conditions which the permit would include if

### it were issued by EPA). 

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The State and EPA will usually reach concurrence on permit conditions prior to issuance ofthe draft permit or approval ofproposed permit modifications. The DEQ Administrator and EPA Regional Administrator agree to meet or confer, within the permit review period, whenever necessary to resolve a disagreement between their staffs on the terms ofany State-issued permit. EPA shall withdraw such comments if

### satisfied that the Statehas met its concerns. The State agrees to consider all comments EPA makes onpermit applications and draft permits. The State will satisfy orrefute EPA's concerns on a particular permit application, proposed permit modification, ordraft permit in writing before issuing the permit ormaking the modification.
Under section 3008(a)(3) ofRCRA, EPA may terminate a State-issued permit in accordance with the procedures of40 CFR Part 124, Subpart E, or bring an enforcement action in accordance with the procedures of40 CFRPart 22 in the case ofa violation ofa State program requirement. In exercising these authorities, EPA will observe the conditions established in 40 CFR 271. 19(e). C. 

### State Permitting
The State is responsible for expeditiously drafting, circulating for public review and comment, issuing, modifying, reissuing and terminating RCRA permits for those hazardous waste treatment, storage and disposal facilities subject to the authorized provisions ofthe State's
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# • program and shall do so in a manner consistent with RCRA as amended by HSWA, this .Agreement, all applicable Federal and State requirements, and the State's ProgramDescription. In 

### accordance with Idaho Code §39-4409(2), upon authorization interim status or final permits issued by EPA prior to State authorization shall be adopted as State interim status fmal permits until IDHW issues a new State permit. The State agrees to issue, modify and reissue all permits subject to the authorized portions ofthe State's programin accordance with the applicable provisions of IDAPA §§ 16.01.05.013 the state equivalent to 

### 40 CPR Part 124, the Idaho Administrative Procedures Act, IdahoCode § 67-5440-79, Idaho Department ofHealth and Welfare Rules Governing Contested Case Proceedings and Declarartory Rulings, IDAPA §§16.05.03 et seq. and to include as permit conditions all applicable provisions ofIDAPA §§ 16.01.05. et. seq. This Agreement also applies to permits issued after final authorizationbut for which the processing may have begun before fmal authorization. The State agrees that any compliance schedule contained in any permit issued willrequire compliance with applicable standards within a specified time period.
D. Joint Permitting Process 

# • Pursuant to section 3006(g)(l), and in accordance with RCRA, as amended, EPA has the authority to issue or deny permits or those portions ofpermits to facilities in Idaho for the requirements and prohibitions in or stemming from HSWA, until the State's programis amended to reflect those requirements and prohibitions and authorization is received for the portion or portions ofthe program. EPA and Idaho hereby establish thisjoint permitting process for the issuance ofRCRA permits in Idaho. Thisjoint permitting process is established in accordance with section 3006(c)(3) ofRCRA. A determination on which sites may require joint permitting will be 

### made by the State and EPA, noted in the State Grant Workplan. Upon authorization ofthe State for any ofthe provisions ofRCRA, the specifics ofthe Joint Permitting Agreement as set in the annual State grant work program shall be 

### amended to reflect the authorization. Amendment ofthis MemorandumofAgreement or the execution ofa separate MemorandumofAgreement may be 

### required for authorization ofany ofthe provisions ofHSWA.

. VI. PERMIT 

### ADMINISTRATION
A. EPA


### EPA will administer the enforcement, modification, revocation, reissuance, and termination ofthose portions ofjoint StatelEPA permits for which the State does not yet have authority, until such time as the State adopts the provisions as a matter ofState law and is -: 

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### B. State 

# o The State agrees to review allhazardous waste permits which were issued under State law prior to the effective date ofthis Agreement in accordance with 40 CFR 271.13(d), and to modify, or revoke and reissue, such permits as necessary to require compliance with the amended State Program The State shall notify EPA ofanypermits not equivalent to federal permit requirements, including any permits that have been issued but are pending administrative or judicial appeal. Except for these non-equivalent permits, once EPAhas determined that the State has fulfilled the requirements of40 CFR 271.13(d), EPA will terminate the applicable Federal permit, or Federal portion ofthe permit, pursuant to the procedures in 40 CFR 124.5(d), notify the State that the permit is terminated, and no longer administer those permits portions ofpermits for which the State is authorized.
Where the State permit is not equivalent to federal permit requirements, the State may modify, or revoke and reissue, its permit as necessary to require compliance with its authorized programin a manner consistent with RCRA as amended by I1SWA. 

### If the State does not modify, or revoke and reissue, a permit equivalent to the federal permit, EPA will administer and enforce its permit until it expires or is terminated. Upon the effective date ofan equivalent State permit, EPA will terminate the federal permit pursuant to 40 CPR271.8(b)(6) and 124.5(d). EPA will notify the permittee by certified mail ofits intent to terminate the federal permit, and give the permittee 30 days in which to agree or object to termination ofthe permit.
The State agrees to resolve all State permit appeals in a manner consistent with its authorized RCRA program . 

### VII. COMPLIANCE MONITORING AND ENFORCEMENT
A. EPA Nothing in this Agreement shan restrict EPA's right to inspect any hazardous waste generator, transporter or facility or bring enforcement action against any person believed to be in violation ofthe State or Federalhazardous waste programorbelieved to have a release of hazardous waste or constituent. Before conducting a civil compliance/enforcement inspection of a generator, transporter or facility, the Regional Administrator will normally give the State at least seven days notice ofthe intent to inspect in accordance with 40 CFR 271.8(b)(3)(i). In 

### case ofan imminenthazard to human health or the environment, the Regional Administrator may shorten or waive the notice period. EPA agrees to make available to the State copies ofany reports and data resulting fromcompliance inspections within a reasonable time from completion ofthe inspections.
Under current Region 10 policy, if the Statemakes notice to EPA that an inspection will be made, with an inspection report provided, no EPA civil inspection will be made, unless the 

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# • Regional Administrator deems the State actions to be inadequate or the Regional Administrator has reason to believe there is an imminent and substantial endangerment to human health or the environment; however, notwithstanding the above policy and as required by 40 CFR 271.8(b)(5) no limitations on EPA compliance inspections ofgenerators, transporters, or non-major HWM facilities under 40 CFR 271.8(b)(4) shallrestrict EPA's right to inspect any generator, transporter, or HWM facility which it has cause to believe is not in compliance with RCRA, and as required by 40 CFR 271.8(b) this policy shall not restrict EPA's authority to inspect major HWM facilities. Before conducting a civil inspection, EPA will allow the State a reasonable opportunity.to conduct a compliance evaluation inspection. The frequency ofEPA oversight and training inspections will be specified in the annual State grant work program. EPA willnegotiate on an annual basis with the State the number or percentage ofthe State's compliance inspections on which EPAwill accompany the State. EPA may take enforcement action against any person determined to be in violation of RCRA in accordance with section 3008. EPA will take civil enforcement action upon determining that the State has not taken timely and appropriate enforcement action or upon request by the State. Prior to issuing a compliance order under section 3008(a) EPA will give. notice to the State pursuant to 3008(a)(2). EPA also retains its rights to issue orders and bring actions under sections 3008(h), 3013 and 7003 ofRCRA and any other applicable Federal statute. 

# • After notice to the State, EPAmay take action under section 3008 ofRCRA against a holder ofa State-issued permit on the grounds that the permittee is not complying with a condition ofthat permit. 

### In addition, EPA may take action under section 3008 ofRCRA against a holder ofa State-issuedpermit on the grounds that the permittee is not complying with a condition that the Regional Administrator, in commenting on that permit application or draft permit, stated was necessary to implement approved State programrequirements, whether ornot that condition was included in the final permit.


### B. State The State agrees to carry out a timely and effective programfor monitoring compliance by generators, transporters, and TSD facilities (see 40 CFR 271.15). As part ofthis 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 programrequirements. Compliance monitoring activities and priorities will be specified in the Office ofEnforcement and Compliance Assurance's bi-annual MOA guidance and the annual State grant work programand shall be consistent with all applicable Federal requirements and with the State's ProgramDescription. State specific activities and priorities for compliance monitoring, TSD and generator inspections will be negotiated in the annual grant workplan. 

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11. Revised 7-30-01Individuals in the State programmay be designated by the Regional Administrator as EPA representatives under section 3007 ofRCRA, so that they can inspect facilities for 

# C) violations ofthe terms and conditions ofFederal permits. Designations with respect to section 3007 ofRCRA will be negotiated in the annual grant workplan or at other times upon mutual agreement ofbothparties.
The State agrees to take timely and appropriate enforcement action as defined in the 1996 Hazardous Waste Enforcement Response Policy against all persons in violation of generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all otherprogramrequirements, including violations detected by State orFederal compliance inspections. The State will maintain procedures for receiving and ensuring proper consideration ofinformation about violations submitted by the public.

.Subject to the provisions ofsection IV (A)(4) herein, the State agrees to provide EPA with copies ofreports resulting from any compliance inspection and subsequent enforcement actions, when EPA requests suchcopies. The State agrees to retain all records for at least three years unless there is an enforcement action pending. In that case all records will be retained until three years from the date such action is resolved.


### VIII. 

### AVAILABILITY OF INFORMATION
A. 

### General
Section 3006(f) ofRCRA requires an authorized state to provide for the public availability ofinformation obtainedby the State regarding facilities and sites for treatment, storage and disposal ofhazardous waste. Suchinformation mustbe available to the public in substantially the same manner as, and to the same degree as, that available under federal law.


### B. Requests for 

### Information
1. After a determination that this information is available for disclosure under the Idaho Public Records Act, Idaho Code § 9-337 et seq., the State agrees to make certain materials routinely available without a formal informationrequest. Examples ofthese materials are final opinions or orders in case adjudication, State regulations, statements of Agency policy, and administrative staffmanuals affecting the public. In addition, records prepared for routine public distribution will also be made available. Examples ofsuch records are press releases, copies of speeches, pamphlets, and educationalmaterials.
2. The State Agency agrees to make reasonable efforts to assist arequestor in identifying records being sought, and to help the requestor formulate his or her request.
3. If a request for information is denied, the State agrees to provide the requestor the basis for the denial and to notify the requestor ofany Statejudicial, administrative procedures, 

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# • or statutes oflimitation in accordance with the Idaho Public Records Act, Idaho Code § 9-337, et seq.
4. The State agrees to make the fullest possible disclosure ofrecords to the public, except where the record would qualify for any ofthe exemptions under the Idaho Public Records Act, Idaho Code § 9-337, et seq. or under the FederalFreedomofInformation Act, 5 U.S.c. 552(a)(2), ifsuchexemption is recognized by the State.
5. A reduction or waiver offees will be considered in connection with eachrequest from a representative ofthe press or other communication medium, orfrom a public interest group. The State agrees to reduce or waive the fee ifit determines that a reduction or waiver of the fee is in the public interest because furnishing the information can be considered as primarily benefitting the general public.


### C. Confidentiality ofBusiness 

### Information 

# • Pursuant to the Idaho Public Records Act, Idaho Code § 9-335 et seq.,the State agrees to determine whether a record constitutes a trade secret pursuant to Idaho Code § 9-340(2) within three (3) days, or, upon notice to the requestor not longer than ten (10) days from receipt ofa request for such a record. Records which have not been claimed as trade secrets by a business at the first opportunity at ornear the time ofsubmission or collection and have notbeen subject of reasonable effort to maintain secrecy, and are not trade secrets within the meaning ofIdaho Code § 9-340(2) will be released upon request without further notice to the business.


### D. Oversight
1. The State agrees to keep a log ofdenials ofrequests for information (or a file containing copies ofdenial letters sent to requestors) which will be made available to EPA during the State review.
2. The State agrees to keep EPA fully informed ofany proposed modifications to its basic statutory or regulatory authority, its forms, procedures, orpriorities, as applied to section 3006(f).

STATE OF IDAHO u.S. ENVIRONMENTALPROTECTION AGENCY DEP FHEATH & REGION 10

REGIONAL**~MIN)STRA** TOR
• DATE ( 

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# • BASE PERMITTING DOCUMENT FLOW
BETWEEN EPA AND IDAHO DEQ.



# • Item ItemDescription State Action EPA Action 

### 1 New and revised Part A application Copy to EPA Review and become familiar with document 2 a) LDF Operating Permit Part Bs, and subsequent revisions b) Combustion Operating Permit Part Bs, including trial bumplans, and subsequent revisions, and risk assessment protocols and risk assessments c) Subpart X Part B' s, risk assessment protocols, and risk assessments Copy to EPA within 30 days of receipt. Review and become familiar with documents. Comment as appropriate at State request

3 Copies ofwarning letter and first Notice ofDeficiency (NOD) for all TSDFs Copy to EPA Review for HSWA applicability, e.g. Cc. 4 Copies of2nd and subsequent NODs/Order for facilities in item2. Send draft 30 days prior to issuance if comments requested; final when issued. Comments, ifany, wlin 30 days of receipt

5 Completeness determinations for all TSDFs Send 30 days prior to issuance Monitorprogress. Comments, ifany, due within 30 days of receipt. 6 Draft permits and draft modifications for TSDFs in item2, with fact sheets and public notices Send to EPA 30 days before start ofpublic comment period. Commentto State wlin 30 days of receipt.

7 Draft permits and draft modifications for all other TSDFs, withfact sheets and public notices Copy to EPA with monthly submittals Review and comment to State/facility if cursory review indicates problems. 

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### 8 Final permits and frnalmodifications for all TSDFs, and notices ofpermit denials 9 Emergency Permits

10 

### a) Clean Closure Plans for LDFs b) Closure Plans for Tank Units

11 

### Closure Plan NODs for item 10 facilities

12 Closure Plan public notices, approval letters and closure acceptance letters for all TSDFs 13 Closure equivalency petitions and all 

### associated documents

14 Other documents at State's request Copy to EPA
Notify EPA by telephone ASAP, then send copy of permit Send to EPA with monthly submittals
Copy to EPA

Copy to EPA

Copy to EPA

Per State schedule Review if

### EPA corrnnented on draft. Monitor situation.

Become familiar with plans, particularly clean closure submittals Review and provide corrnnents to State, if 

### requested. Corrnnent during public comment period. Review and provide corrnnents to State during comment period. Assist State to maximumextent possible. .r



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# • CORRECTIVE ACTION DOCUMENT FLOW BETWEEN EPA AND IDAHO DEQ



# • Item ItemDescription State Action EPA Action 1 Visual Site Inspection notification letters sent to facilities cc: EPA Review letter or supply standard letter for state use. Accompany State, if appropriate. 2 Draft RFA Reports generated by State Send to EPA in draft form when sent to facility for comment Comments to State 

### wlin 30 days of receipt, ortell State will not review. 3 Final RFA Reports sent to facilities Copy to EPA Review ifEPA commented on draft. 4 Final EI evaluations and NCAPS worksheets Send to EPA Review ifEPA commented on draft 

### 5 Stabilization Evaluation Questionnaires (GPRAUniverse)

. Copy to EPA Comments, if any to State 

### wlin 30 days of receipt 

### 6 All workplans and reports that address investigation and'corrective action requirements for SWMUs at facilities withhigh NCAPS ranking. Copy to EPA unless comments requested on expedited schedule. Become familiar with documents.

7 Notices ofTechnical Inadequacy (NOTIs) and NOVs and Orders on Corrective Action Documents in item7 cc: EPA EPAreview, if requested.

8 Remedy Selection Documents (Permit mods., Orders, SOBs, etc.): Copy to EPA 30 days before issuance of draft. copy of fmal to EPA upon issuance. Review and comment wlin 30 days of receipt ofdraft. Review final for conformity to EPA comments

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17. Revised 7-30-01r


### ENFORCEMENT AND COMPLIANCE DOCUMENT FLOW BETWEEN EPA AND IDAHO DEQ (Items in Italics show varying requirements between States) 

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Item ItemDescription State Action EPA Action 1 List ofall 

### facilities / TSDFs / significant generators that State will inspect each quarter/year Send list to EPA prior to start of quarter/ year Review list and notify State which facilities EPA will inspect. 2A2 

### State draft inspection reports forjoint EPAlState inspections prior to finalization Send to EPA for review Comment to State w/in 15 days of receipt. 2B EPA draft report forjoint EPAlState inspections; EPA final inspection report for independent inspections Review draft EPA joint inspection report and provide comments to EPA Finalreports to be sent to facility with cc to State w/in 45 days after inspect. 3 For all 

### inspections / inspections of Significant Non-Compliers (SNCs), copies ofinspection reports, and any follow-up reports, warning letters, NOVs, and administrative orders, etc. Send to EPA upon issuance / specified time frame Monitor State Action for timeliness and appropriate action.

4 All enforcement referrals from district offices to central office Send copy to EPA (Same as above)

5 Notice ofIntent to receive hazardous waste from a foreign source pursuant to 40 CFR 265.12 Send copy to EPA uponreceipt / within 5 days ofreceipt Region review and take action as necessary 6 Notification ofState that EPA will take enforcement action Receive notification and take appropriate response, if

### required Notification prior to issuing 3008(a) Order by telephone and lor writing within a specified time frame

18. Revised 7-30-01 

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• 7 Notification ofEPA ofany determination that a CERCLA off-site facility is a·SNC or may be posing significant threat to public health, welfare or the environment or otherwise affect the satisfactory operation ofthe facility. State notifies EPA within 5 days of determination EPA reviews per offsite rule, consults with State, and takes appropriate action.

8 For all TSDFs receiving CERCLA off site waste, Inspection Reports, NOV s, Orders, Civil and or Criminal actions and corrective action requirements when significant RCRA violations occur and a formal enforcement response is initiated. State will send within 15 days ofissuance EPAreviews per offsite rule, consults with State, and takes appropriate action.

9 Draft and final delisting decisions, where State is authorized for delisting Send draft to EPA 30 days before public notice. Send fmal decision to EPA 15 days before mailing to applicant EPA review and provide comments to State within 30 days ofreceipt ofdraft decision. EPA notify Statebefore State mails final decision to applicant ifEPA finds serious technical deficiencies. 

### 10 Citizen concerns referred to Stateby EPA State investigate and report results to EPA wlin 30 days of referral from EPA. EPArefer to State.



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19. Revised 7-30-01