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Oregon Department of Environmental Quality

Part V

Milestone Agreement and Milestone Completion

Portland, Oregon

July 28, 1995
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Summary of MilestoneAgreement Progress

June 5,1995

DEQ is making steady progress on demonstrating capability through completion of

milestones established in the Milestones Agreement. "'The Milestone Agreement was

signed by EPA, Region 10 and DEQ on October 25, 1994. The Agreement contains 23

specific milestones. To date, EPA has approved milestone submittals on financial

assurance compliance, RFI workplan review and approval, development of a model

corrective action order, acceptance of a clean closure and for one of the two facilities

required, stabilization required, stabilization work plan approved and stabilization

implemented. Milestone submittals pending approval by EPA include demonstration of

off-site groundwater characterization, completion of one of two RCRA Facility

Assessments, stipulated penalties in one order, and for one of the two facilities,

stabilization required, F, G and H compliance required, establish financial assurance

requirement and pursue off-site contamination. Additional milestones pertaining to

internal guidance documents for regulated unit identification and facility classification,

performance requirements for remediation, and concentration-based standards for all

media are ready for submission to EPA. Overall, the milestones capability demonstration

is approximately 50% completed at this time and with the additional submittals soon to be

transmitted to EPA, will be approximately 75% completed. EPA has concurred that even

though several of the milestones are keyed to the issuance of permits or orders, if

issuance does not occur before final action on this application, EPA will accept these

milestones provided sufficient progress is demonstrated.
• State of Oregon

Department of Environmental Quality Memorandum

To: .

- o~~J Cheryll Williams ;/f::;)I ?

EPA Region 10, Mailstop HW-106

Date: of'?/ r~

From:

Through:

Subject:

Bre;U rnc.K~( k£

Regional HazardO'J;;Waste Manager

Roy Brower, /l..

Manager, H~}ous Waste Policy & Program Development

Capability Milestone Transmittal

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Action: EPA Review and Response Within 20 days

Milestone No. iD..--. " GIm9li 2. ~EA's Q)- eCI!A'lvo-,(~

The Department has completed work that we believe achieves a capability milestone. The

work is described as

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6§C' ::tiig ~. S<.vb<,,;±\.;d "" en .Pf}kdV<;.U c!a,-

Additional documentation pertaining to this milestones achievement is attached and consists

of .

Pursuant to the Milestones Agreement, the Department performed this work with minimal

EPA direct involvement, although exchange of information and views on the site did occur.

We appreciate Region 10's commitment to review and response within the 20 day period.

Attached is the Milestones Tracking Document for completion and return to DEQ.

If questions on milestone' achievement, please contaet~M~ at

SD.3--a'<3eB-,",Y/' In the Office. ,
• State of Oregon

Department of Environmental Quality Memorandum

To:

From:

Through:

Subject:

Date: April 19, 1995

Renee Dagseth

EPA Region 10, Mailstop HW-106

[)5&

D~uisand Gill Hargreaves,

Regional Hazardous Waste Managers

Roy Brower, Managert~ Hazardous Waste Policy & Program Development

Capability Milestone Transniittal

Action: EPA Review and Response Within 20 days

Milestone No. 4A., "Demonstrate Complete Plume Characterization at Two Facilities"

The Department has completed work that achieves a capability milestone for one of the two

facilities required. The work is described as:

Requiring complete characterization of groundwater, including horizontal, vertical and

off-site, at the Marion County Shops Facility (ORD089452437). In accordance with

the Stipulation and Final Order, Marion County submitted work plans and schedules

that were reviewed and approved by the Department without EPA involvement.

Marion County submitted their RCRA Facility Investigation Addendum in August,

1994 and the RFI addendum addressed all deficiencies set forth in a Notice of

Deficiency that had been issued. The Department has concluded that groundwater has

been adequately characterized at the facility, including installation of off-site wells

that showed contamination has migrated from the facility.

Additional documentation pertaining to this milestones achievement is on file (Final RFI

Report, March 1993 and RFI Addendum, August, 1994) at EPA Region 10.

Pursuant to the Milestones Agreement, the Department performed this work with minimal

EPA direct involvement, although exchange of information and views on the site did occur.

We appreciate Region 10's commitment to review and response within the 20 day period. . .

Attached is the Milestones Tracking Document for completion and return to DEQ.

If questions on this milestone achievement, please contact Bill Robertson at (505)-229-6842

in the Northwest Regional Office or Joe Petrovich in Western Region at (503)-378-8240 ext.

248.
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___Milestone.

1A. Internal guidance

'document'on units,

SWMU's and site lead.

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lB. Internal procedure '

fo document ratlonale

for unit and faclllty

classlflcatlon In file

and demonstrated on .

two sires, .

1C. Brief EPA Management

on 0 to 3 faclllty

classlflcatlons, ::.",

ID. .Complete two RCRA

Facllity Assessments,'

depending upon plpellne, '

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. MILESTONE COMPLETleAPPROVAL FORM . .

Submjrted by DEQ ---llunrovllJ by EPA

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.... 2A. IComplete/model order 3/17/95 3/24/95 Cascade Wood - White City

for corrective action. .

2B. Negotiate and Jssue

two orders' or penults

whh substantive elements.

2C. I Include' stabilization

In two orders'or

pennlts:

2D. I Include stipulated

penalties In one order.

2B. I Establish model language

and Issue two pennits or

orders requlrlng FlO &. H

compllance as appropriate •

for given site.. '"

2F. I Submit one accepted 12/05/94 12/22/94 AA Plating - ORn 02539 ~535

clean closure. ,

20. '/ Pursue off-site

contamination In

one order or permlt.

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.~ -. -' • • 2II. Include performance \ .

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requlrernents for

remedlatlon In one

order or permlt, ,

21. Ccncentratlon-based .. . standards for nil media

In one permit or order.

3A. Document finnncial

assurance on three

TSD's.

3D. Establish nod require

finnnclni nssurnncc for

two facllltles.

. 4A. Demcnstratecomplete

plume chnracterlzatlou

at lWO racllltle~.

4D." Approve one RFI Workplnn,

, . SA. Require two stablllzatlon

work plans,

5U. Approve lWO stabilization

work plans,

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all accepted

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12/22/94

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Chern. Waste ORn 089 45 2353

Safety Kleen ann 98 1766124

EvaniEe ORn 9023l,66

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AA Pluting - ORO 02539 3535

One of TWQ Completed

.bA-flating - ann 02539 3535

One of Two Completed

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sc, IDcmcnsuute lmplcmcntutlon

oftwo stablllzntlon

workplans.

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5D.

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App.rove one corrective,

measures work plan:

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 10

1200 Sixth Avenue

Seattle. Washington 98101

October 26, 1994 ... .,

Rep.ly To

Attn. Of: mq-111

Mary Wahl, Division Administrator

Waste Management and Cleanup

Oregon Department of Environmental Quality

811 SW sixth Avenue

Portland, Oregon . 97204-1390

Re: Transmittal of Final Mil~stone Agreement

Dear Mary:

Waste Management c\Cleanup Division

D~partmentot Environmental Quality

Enclosed is an originally signed final of the Capability

Milestones Agreement. The finalization of this agreement is

itself an important milestone in coordinating and facilitating

authorization of Oregon's corrective action program. Your staff,

and Dave st. Louis in particular, demonstrated a true commitment

to working together and achieving progress.

Please submit milestone work products to Cheryl Williams,

Oregon state Program Coordinator. Cheryl will work with EPA'S

milestones team to ensure timely review of, the DEQ work products.

Also, EPA will use the milestones tracking sheet developed by DEQ

to monitor milestones progress.

Thanks again.

Sincerely,

~.k.) Randall F. smith, ~ir;ctor Hazardous Waste Division

Enclosure

cc: (letter only) . Roy Brower, Waste Hanagm.ent and Cleanup

Dave st. Lou..is, NW Region

Gil Hargreaves, W: Region

Chuck Clinton, IDi Region

Brett Hc-t(night, E. Region

Cheryl Williams, EPA
~lILESTONES OBJECTIY'"E

The Oregon Department of Environmental Quality (ODEQ) will-be seeking authorization for

HSWA Corrective Action during 1995. The Environmental Protection Agency (EPA or Region

, 10) desires to authorize the Department upon demonstration of corrective action capabilities and

completion of an authorization application' and completion of this milestones agreement.

Completion of these milestones is intended to demonstrate Oregon's legal, technical and

enforcement capabilities to compel cleanup of releases to the environment from facilities subject

to RCRA permit and to assure EPA Region 10 that authorization of the State of Oregon for

Corrective Action will be protective of the environment.

Both agencies have made Oregon's authorization process a high priority. Oregon is committed

to meet these milestones and to prepare-and submit a complete HSWA Corrective Action

application in early 1995. EPA is committed to timely review and acceptance or comment on

Oregon work products submitted as milestone achievements. It is EPA's strong desire, upon

successful completion of the capability milestones, to authorize Oregon for corrective action as

expeditiously as possible.

i.e, BACKGROUND TO MILESTONES

The Subtitle C program of the Resource Conservation' and Recovery Act (RCRA) sets forth

statutory and regulatory provisions for a "cradle-to-grave" system to manage hazardous waste.

In addition to management standards, RCRA establishes requirements for corrective action.

Oregon is authorized for the RCRA base program and is seeking authorization for all

RCRAlHSWA components through July 1, 1993 except corrective action. Oregon is already

authorized for corrective action of releases from regulated units, but has not applied. for, nor

been granted authorizationfor the corrective action provisions of the Hazardous and Solid Waste

Amendments (HSWA) of 1984.

In order to transfer HSWA Corrective Action authority to a state, EPA must be assured that the

original intentions and requirements of the Subtitle C programwill be applied. in that state. At

the time of each. succeeding transfer of a major program element to a state, EPA must judge the

state's capability for the portion of the program. for which tlfey are already authorized, plus their

potential capability to ran an additional portion of the RCRA program in lieu of the Federal

program, .

EPArecognizes that Oregonhas.made progress toward demonstrating corrective action capability

over the past two years through work performed by the Stare as part of the annual StueIEPA

planning process. '. .. . . . -," . .. _, h

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PROCESS

To meet the capability objective, a list of milestones has been compiled and agreed to in this

document. The milestones cover the areas critical to a credible RCRA corrective action

program. The milestones are classified. under a "General Milestones" heading with a set of

supporting "Specific Milestones" that the Department agrees to meet. For each General

Milestone, a rationale is provided. The Specific Milestones are the deliverables to be evaluated

as part of the HSWA Corrective Action authorization process.

The milestone deliverables must be products completed or substantially developed in State Fiscal

Year 1995. Although some site work in progress or recenrly completed by Oregon will be

submitted as milestone achievements, EPA will evaluate these products in the same manner as

work on new sites and against the clear expectations of this milestones agreement. The emphasis

on current and future work products is consistent with our approach of making this a forwardlooking, rather than a backward-looking effort. '. .

While a number of the specific milestone tasks in this agreement may be achieved through either

a permit or an order, at least one order and one permit will be completed for the Capability

milestones. It is further noted that specific milestones may be included in General Milestone

#6, Enforcement, based on the compliance review to occur this fall.

As the Department completes each milestone, the demonstration will be submitted in writing to

EPA Region 10 for evaluation. As appropriate at the time of the submittal, the Department may

provide a briefing for EPA on the rationale the Department.applied to assist in the review of the

submittal. A "Milestone Completion Approval Form" will accompany each submittal. EPA

will respond in writing within 20 days by returning the form, showing EPA approval if the

milestone has been met, and will in addition note the overall status of milestone achievements

at sites meetings and grant reviews.

All milestone tasks must be deemed acceptable, or acceptable with comment, by EPA [0 satisfy

a milestone objective. Acceptable with comment means the basic intent of the milestone has

been met; however EPA may wish to provide additional technical comment that may assist the

Department in the completion of future, similar corrective action products. [Note: one order or

permit can satisfy many different milestones.] All milestone tasks must be completed without

substantial EPA technical assistance or assistance from EPA contractors. On the other hand, it

is fully intended that the Department and EPA will conrimie to openly discuss policy and

technical site issues. It is important that these discussions are encouraged and are not used to

evaluate capability. .

During thC development ofthe milestones. certain program areas that are important comributors

to a successful corrective action program were not raised as neffling further evaluation. These

program areas include training, certain information manageIIlCIl! activities, pub.licrelations and

personnel managemcm.. Com:inued commitment and performance in these areas is expected by

both.EPA and the Depamnem..

+-----.-- -The-Departmemhas-expressed_concan_that_EPA has not followed. through on its prior milestone
.gree~ents. EPA's commitment to the milestones objective and process must be e~ured for this

authorization procedure to be successful.

l\1ILESTONES

GENERAL MILESTONE 1: TSD CLASSIFICATION, UNIT IDENTIFICATION

AJ.'ID DOCUM:E.L'ITAnON

Rationale:

•

Specific Milestones;

The ability to use RCRA's substantive legal instruments (General

Milestone 2) is dependent on the proper classification of a facility and its

waste management units. If a facility is not identified as a permittable

TSD and its regulated units are not correctly identified and documented,

there may be a long delay, or possibly no enforceable way, to require

groundwater monitoring (Subpart F), closure plans (Subpart G), financial

assurance (Subpart H), or remediation under RCRA. Although there have

been improvements, the Department does not currently have any written

or well-ingrained policy that operates agency-wide to ensure that certain

guidelines are being followed in making decisions on regulated units and

facility classification as a TSD. .

The Department must demonstrate that it has a process for determining

and documenting facility classifications. A· written, internal guidance

document similar to. a sites agreement would serve the purpose of a)

documenting the Department's process, and b) assuring consistency. This

guidance document should be included in the program description of the

authorization application.

lA. The Department will finalize a guidance document with EPA review and

.comment that will:

i) delineate the differences between regulated units and solid waste

manag~ent units (~s) and when a site undergoes closure

." v~' HSWA Corrective Action;

ill describe the decision process for classifying TSD's; and

EPA will review and' approve or comment on the d()CTTIT1ent within. 20 days

after submittal. . .

iii) and delineate in general terms when a site will be managed under the

Cleanup Program or deferred to EPA's EmergencyRemovalProgr2DL - . . - - . .
lB. The Department will develop a procedure to document in the site me the

rationale for regulated unit and facility classification decisions, and

demonstrate its application for two (2) sites.

. This may be completed through RFA's, permir-documents, public notifications,

notes to the files, etc. Specifically, for CEI inspection reports, the Department

will add a "regulatory status" section. This section should describe a facility's

solidfhaz.ardous waste streams, volumes, waste management activities, Pan A

submittal, dates of specific waste management activities and identification of

RCRA-regulated units. .

Ie: Oregon DEQ will brief EPA management on zero to three (0-3) facility

classifications, dependent on the number of new facilities that DEQ becomes

aware of, prior to completion of the capability milestones, that require

program classification.

These briefings should include why and how these classifications were made.

They also should describe factors, processes, and priorities for deciding which

facilities to pursue and with what legal instruments..

ID. Complete a maximum of two RCRA Facility Assessments, depending on

avail:l.bility of appropriate facilities in the pipeline.

For the RFA's to be determined acceptable for this milestone, they must at least

contain the following: (1) Identification of all past and present units and areas

of concern. Both regulated units and SWMU's must be identified and have unit

history documented. (2) Properly document all decisions. (3) Characterize

potential for release, potentially contaminated media, and potential routes of

exposure. Each unit identified in the RFA must be adequately identified to

support potential future corrective action, i.e. identification of each unit managing

solid waste and 'and explanation as to why there is potential for releases to have

occurred.

[Note: The Department currently has no identified facilities needing an RFA in

.the RCRA pipeline. The Department will be worldng in tandem with EPA on the

TeledyneRFA that is being conducted under EPA lead. Star.e work, such as draft·

RFA review, etc., will be. evaluated by EPA personnelfor state peIforrnance

under this milestone. Other work meeting the intent of this milestone may be

substitmedandmay consist ofthe initial identification, history anddocumenwion

of SWMU's, units and AGe's ar a site and a."SPSSmC:nt of the potemial for

releases and exposure pathways 3I1d an a.ssesvnetlt of th.C overall site priority for

: .. furth.c:r work. These efforts collectively JJJaY fulfil the mininnnn requirements of

.. : an RFA. batwould stop short ofa formal RFA report. 'I'he" Departmentmay also

substimr.c products from other cIeamxp programs that meet the minjmum

requirements.] .

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I.ENERAL ~m..ESTONE 2: LEGAL INSTRillvIEl'il'S

Rationale: Legal instruments (corrective action orders, permits, closure plans, etc.) are often

necessary to compel-and document a facility-specific corrective action program.

Specific Milestones:

2A. . The Department will develop an EPA approvable model corrective action

order.

During the past year, EPA and DEQ have been working together on a corrective

action model order for Department use. It should be finalized and incorporate

EPA's August 23, 1993 comments. '..

2B. The Department will negotiate and issue two corrective action orders or

permits.

Each order or permit should be issued to a facility and incorporate the appropriate

substantive elements of the model order developed above.

2C. The Department will include stabilization requirements in two orders and/or

permits.

2D. DEQ Will include stipulated penalties in one order to the extent that their

inclusion in an' order is consistent with DEQ's EPA-approved enforcement

rules and Compliance Assurance Agreement and DEQ enforcementpolicy and

guidance.

2E. The Department will establish model language and issue a combination of two

permits and/or orders to LDF's and require them to fully comply with .

Subparts F, G and H to the extent the requirements are appropriate for the

. facility (See Specific M:ilestone 3B for related milestone requirements for

financial assurance). .

-The permits and/or orders must require the facilities to comply' Yli~ at a

min;l!ilun, Subparts F, G and. a consistent with the Department's enforeemear

guidance. However; both EPA and the Department recognize -that illegal, nonnotifying.LDFs mAy not, in some instances, have the financial means to stri~y

comply with these requirements. In accordance with EPA's letter of June 29,

1993,· the Department intends to exercise flexibility· in. imposing these

requirements on these types of facilities. follows: ..' ___ '

,~:\," Subpart F Where groundwater impacts are already known and

detection . monitoring . would . be '.- redundant, ".T~ •••

assessment monitoring will be -reqaired. Where

monitoring has not been done and inability to pay is
Subpart G

SubpartH

demonstrated, the Department will seek a balance of

requirements between systems designed to

immediately detect a release and systems intended

to assess the DaOJIe and extent of a release, as well

as incorporate '~sUbsequent post-closure care

monitoring.

Closure/post closure plans (or equivalents) will be

required for all LDF's.

The Department will review demonstrations of

inability to provide financial assurance with EPA on

a case-by-case basis.

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2F. The Department must submit one fully documented acceptance of clean

closure.

2G. The Department will include explicit enforceable language in one permit or

order to require the pursuit (characterization and remediation) of off-site

contamination (also see Specific Milestone 4A).

This language should be similar to EPA's 3004(v) language.

[Note: Although the Department is currently pursuing characterization of off-site

contamination at several facilities, until these characterizations are completed, it

is not known with certainty that off-site remediation will be necessary or

achievable.]

2H. . The Department will include specific enforceable performance requirements

for remediation of contamination in one permit or order.

For example, at sites with groundwater contamination, the Department will

require performance standards for plume remediation or containment and

.satisfactory progress. In addition, permits will require the facility to demonstrate

their compliance with the performance standards. .

2L .The Department will include" actnal concentration-based standards for all

appropriate media (air, surface water, groundwater and soil) in one permit

or order.."

These are the standards that the facility must use as targets for corrective action

or as triggers for a Corrective Measures Stndy. .

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GlNERAL MU,FsrONE 3: FINANCIAL ASSURAJ.'iCE

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I
Corrective action and RCRA Closure/Post-Closure are long-term efforts which

require significant monies to complete the necessary work. The regulating agency

must ensure that TSD facilities maintain adequate financial assurance in

accordance with 40 CFR 265/264 Subpart H to" 'ensure: 1) a facility will

ultimately pay for any necessary cleanup, whether through closure or corrective

action or both, 2) any necessary cleanups will occur in a timely manner, and 3)

the public does not directly bear the costs. EPA has offered to assist DEQ in

evaluating companies' arguments that they are unable to provide financial

assurance required by Subpart H for closure/post-closure care or for corrective

action for SWMU's under 40 CFR 264.101.

Specific Milestones.

'0- ...

ii)

3A.

3B.

The Department will-submit three CEl inspection reports andlor three me

record reviews for TSD's documenting whether or not the TSD's meet

Subpart H requirements.

The Department will require and establish financial assurance mechanisms

consistent with Subpart H for two facilities (also see Specific Milestone 2D).

The mechanism must be adequate to cover all reasonably anticipated costs. At'

least one of the two facilities selected for this milestone must have groundwater

contamination sourced. from either a regulated unit or a SWMU. This milestone

may be accomplished by any of the following mechanisms:

i) compliance orders which enforce 265 financial assurance

requirements at'TSD's for closure/post-closure care.

corrective action orders which include a stipulated requirement that

the facility develop a realistic estimate of costs for investigating

and remediating releases fromSWMU's and provide financial

.. assurance mechanismsfor covering those costs. '", ~,... ....-..

iii) permits which include r:equiremeD.rs listed in either i) or ii), as

•. !" .. appropriate.

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GENERAL MILESTONE·4: CHARACTERIZATION OF CONTAJ.'dIN'ATION

-, :..'i .~ :4

Rationale: .. Only through complete characterization of conmnination released at, from.. and

beyond a facility can there be alnfidence that the corrective _measures

'c;')"' implemented (or No Action Alternative) .will ultimately be proteetive of !"~an

,~ l health and the emixolll ilent•. EPA recognizes the Department has been reviewmg'

.. and approving RFI worlqJla:as for several iyears, however .EPA· .wishes t9.

emphasize complete plume clIaIaeterization as a milestone.

'.' ......;.';~r, .' ,:-: .';'" '. --

.-:'
Specific Milestone:

" .,.,.. ,-.-. - . 4A. Demonstrate complete plume' characterizationat"two' facilities;'~ ':.. :C'~~~.: 't:.::.:

PI~~ must be characterized both ;erti~y andh9rizontauy~ -Atleast one or"

these plumes should have spread off-site, so that the Department demonstrates

capability to require facilities to investigate and where necessary," remediateoffsite plumes. (also se,e General MilestoneZf'), . ':::::<~:..:".::....

- . '~-' :,.-!r :~. ., -~ ....:~. -:.....

4B. Approve one (1) RCRA Facility '!iivestigation Wo~rkplan-': : ".: :.:<:.:; .. : .,.- ..... _-.c...~. .- .... ,.... --.'-"-_..... '-. .. ~-,-)-

RFIs are often C9fr:U~!~1~.in s~.g.eft;- .This milestone examines RFI stages only.

-not a complete RFt ,',1'0 meet tlie·definitioD;.6(anRFI for.i.hiS:iImestorie, ~the.RFI

.must include theinstallation ofa set o.fground,water wells' (at:least 4 wellsj.zone

.~ .round of sampling of allpotentially impacted media. and a'processfornextsteps .

.should furthersubsurface characterization be required or contaminadon be.found .. ';

"in the new wells or other media (Surface" wate-t: soils,' or air above action levels).

To be determined acceptable. the RFI workplans must at' a minimum: --1") Install

groundwater wells to determine the vertical and horizonal extent of contamination

migration, and, 2) include a process to assure the complete characterization of

soil and groundwater contamination even if it goes-off-site. .

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GEJ.'lERAL1VIILESTONE 5: REMEDIATION· OF CONTAJ."YIINATION

Rationale:

.0,

Remediating contamination releases ?-,~ from. and beyond a facility is th~ ul?mate

mission of corrective action. '. :...; .. ..\':'.. ~f"'::.;:.". .....-: ,:':_ ..' =:""~~:)N \

Specific Mllestones; ...·.1

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.:-: .i~.~:~ :":',:_":"." ~)l..: /.:~:.'

5A. Formally require stabilization work plans from two facilities. ~.:.

(Also S~ Specific Milestone 2C)

SB.

se.

SD.

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Approve one co~ecti,e measure work plan. .

SUbmit demoIJStr3tion that corrective measures work plan was implemented

by one facility. . .. !

." .

1-- -

.' ..... . SF. .Demaustr2te mCcessfal plume cout3inme1rt at one facility orshow suhst:mtia.

progresstoward plume cominment through facility oversight at one facility.

~--'--~------~-_. ----_.-
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· GENERAL i:YIILESTON"E 6:~EN"FORCEMENT , ! " .::.:; °j';;,.:.t:_ •...

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Rationale: Haying environmearalIaws "on the, books n or.Incorporating appropriate legal

language,~J~~rmi~an~.~rd,ers~ (GeneralMilestoneNumber 2) is not enoughto

eIJ.SUIl:.. ,$at:-..facilities 'will adequately"characterize and remediate-releases, of

'hazardous constituents at and from' theIr facility... ,DEQ should demonstrate that

they can, when appropriate, take effective enforcement action'agauistfacilitiesto

compel Oregon's regulatedcommunity to follow federalclosure and/or corrective action requirements.' ";',. '..'. ", .: ,.'-:,::' ,; " ';';

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No specific IIlil~on~ ~~ are ·iIJ;qhided'lina,er. ~' ~eperal tiii!~;o,fie headlngatthis

time. Based'on ¢~,-co~Pf.!ar.tse.,.pro-~. evaluation underWa)<"in the event\EPA

concludes changes ·~:nec~ary,.,tothe State' s,enforcementprogram, DEQ and EPA will

negotiate .resolutions.r:agreeable 'to,' both }g~~~jes ~·and.:·unde~e any'.' necessary .

modifications to .t;P.e;~~p.~bili:tY 'Milesto!li$ or 'ili~~, ~ompliance .Assurance-Agreement,

whichever-is mostappropriate..~:,:'...,·-,·· : _~.. ..;:.\ ., ..J c" ,~.. - .. " " - i...~~': ... • , t_. ._. ·;.... 1~ r.. ,.. '" . . j~.:' \: ~./.'..- ~:'.:.. ~-""-" .' .. . . . - .... '. ~.' 1..: ...... .. :..._.. : .... ~:.>'::.-::':~ :~"~ ...<

I,e •.APPROVALS:

','H-o\ , r

Randal] Smith, Director

Hazardous Waste Division

U.S. Environmental Protection Agency,

Region 10

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