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FY 1986 HAZARDOUS NASTE MANAGEMENT PROGRAI,'

Prepared by

Hazardous Waste Management Divi sian

Office of Hazardous Substances and Air Quality

Department of Ecology

June 1985

State of Washington Booth Ga rdner

Governor

Department of Ecology Andrea Beatty Riniker

Director
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INTRODUCTION

ID tbe early 1970'8, DatioDal aDd state attention focused on tbe improper

"DaarmeDt practices of bazardous waste, i.e., Love Canal and the Valley of

t~e Drums. The Washington State Legislature recognized these potential

proble.a aDd tbe need for better maDagement- of bazardous waste in the state

by paa.ale of tbe Hazardous Waste Act of 1976 and amendments to tbe act in

1980, 1983, and 1984 (Chapter 70.105 RCW).

The Act prOVided tbe framework for WOOE's manalement of tbose wastes·that

pose aerioua tbreats to public bealtb and/or tbe environment. In tbe past,

- the ujority of tbese bazardous wastes have been treated, stored, and

diaposed of OD land, wbetber tbe wastes were solids, liquids or sludges.

This practice bas resulted in public bealtb and environmental problems due

to, for exa~le, migratioD of toxic cbemicals into groundwater or surface

watera. _.

The state Hazardous Waste Act and its amendments establish four major

objectives for addressinl bazardous waste management:

• To encourage management practices wbicb result in generation, storage,

trea~ent, and/or ultimate disposal of tbe least amount of hazardous

waste (i.e., tbrough waste reduction, waste recycling, and physical,

chemical, and biological treatment, etc.);

• To provide the autbority for the development and administration of

regulatory measures for the control and disposal of extremely hazardous and dangerous waste;

• To provide the authority for the development of a state disposal site

for tbose extremely hazardous wastes that are not recycled, neutralized or detoxified; anrl

• To designate the Department of Ecology (WOOE) as the state agency for

implementing the Resource Conservation and Recovery Act (RCRA) , the

federal hazardous waste law. l

It is WOOE's intent to iaplement the state hazardous waste laws and regulations while simultaneously phasing in the federal requirements contained in

Subtitle C of RCRA and in the 1984 Amendments to RCRA. WOOE bas already

modified tbe state hazardous waste program to correspond with Subtitle C.

lThe State Hazardous Waste Act and amendments exclude nuclear wastes

becauae tbese are cODtrol1ed tbrough other federal and state laws and

otber WOO! prolra.s or other atate agencies.
c~rr'~~tl~ tb~ .t~~~ of ~ashington ha~ a~pr~~~~~\~ 9Q9, f~~ ~~~~...r~

r~!~~~~'';;~:;;~:ci~~e:;a~:~:~~:;~~~o~~:i~ ·~·lt~~~· .~'7:rJJi;!. vaete. These are "eferred to as T50 facili~~e.. ~n ~~~t~~Ct ~$'~ t~ sta~~ lavs and regulations. WDOE maintains a P~o.~.. of In.pt~~~~~

pe~lts. and enfo"cement activities in order to 'n~~r~ t~a~ th.~:·"~'~­

ator.· and T50 f~cillties handle ~azardous was~. tQ "q~r ~~~~~oe~~

~ot pose a threat to public health and/or the enviro~ent. ~-

Thes~ ~~fications vere addressed in the application for fi~al .~thoriza­

~~on (un~e! Section 3006 of RCRA). The applicativn va. iubDltted to the

~~vir~~,~~al·Prot.ctionAgency (EPA) 1~ July It$4. ~E exP;cCI ~~ obtain

ft~al ~~t~rizatio~ by January 1986. H~~v.r••4ditlo~~~ ch~I•• to the

s~~~~ n91-faa1 ~l1'n~ed to b~ made ill of4'~ t~ ~c~o,.4~~~t~! ~.w IClA

pr.~t.~.~?!,'ltl t~e. 1984 Amendments. As EP~.et~pt..:· ~,.. ,rov~',,~~, i"to i~8 pro_ram. the state vill aodify it. ~~.t~X~e~Ofd~81~ ~q~

~¥p'li'for~~tho~~~at{on ~o operate these n,~ ~~~~~". !f ~h. ~~;~l~O~8 ~8t_ .l""f!,men~ 2,,~,ram. . .: . ..

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The following p'aragr~phs describe the h.~ar~o~, v.~~t~ ,r~,~~~~ ,~~ls

and objectives fo~ FY 1986. Theee goals sueS ~~jt!c:Uyt ••~r.,,"~.

sta.te's h~zardous ~~u~te program as a whole. Tl\,. st~~'i/EPA "'fe,"Qt

reiTesents appr~ximately one-third of the h~&~r4~. v..~. prolt..~~ fundS,

FTts, and activities. ThuB not all of the obje~tives·••t forth below

are reflecc;'ed ~n .cUvities contained in tbe ,rolf,am phn (o~ t~~ U'-.t,/

EPA agreement. The state's FY 86 program plan for the' 'nti~e ha.afdqu_

waste pr~gram w1!l ~e available in July. 1985. ." .

GOALS*

The overall goal of the hazardous waste program is to manage the generation, . transportation, storage, treatment and/or ultimate disposal of

hazardous wastes in a manner which p'ro t ec t s public health and tbe environment.

In order to approach this overall goal, the hazardous waste program

works to achieve the following:

e The 4~velopm~nt/revision, adoption, and i~p'lementation of dan~rou~

waste re~lations;

• Impl~~ntatiqn of a program requiring handlers of hazardous waste to

obtain pe1'1llits i .

*It should be noted that "Goals", as used in this document. conatitute

actjvities that the program believes need to be accomplisbed. tbe··

activities that can most likely be accomplished in FY ~6 for the given

reso~rce level are listed as "Objectives" in the next section.

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• I.plementation of an inspection program to ensure that facilities

handling hazardous waste are in compliance with the hazardous waste

regulations;

• 1I11)lementation of an enforcement program which assures that all

handlers of hazardous waste are in compliance with the hazardous waste

laws and regulations;

• Provision of resources to

hazardous waste spills,

requested;

investigate contaminated sites, respond to

and provide technical assistance when

• Development of best management practices for handling hazardous waste;

• Provision of opportunities for public education about hazardous waste

and involvement in the hazard9us waste program; and

• Planning for the future availability of sites for safe handling of

hazardous waste, including the maintenance of an appropriate site for

extremely hazardous waste on the Hanford Reservation.

FY 86 OBJECTIVES

In order to work toward the accomplishment of the hazardous waste program's

goals, the following specific efforts will be undertaken in FY 86:

• Haintain a regulatory program of facility inspections and pe rmi t

development;

• 10 response to the 1984 RCRA Amendments, revise the state dangerous

waste regulations, modify the state program to meet -new RCRA requirements, and submit any necessary applications to EPA for authorization

to operate these new aspects of the hazardous waste program;

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----- ---~-------- --.--10itiat-e· ·enforcement·-actions·-agai-nst-v-iolator.s-oL.the~ha za.rdous, _~a.s_t~_. _

laws and regulations;

• Haintain activities to mitigate the effects of spills of hazardous

materials and activities to provide for investigation of contaminated

sites;

• Continue efforts toward the establishment of best management practices

for the handling of hazardous waste;

• Provide adequate opportunity for public participation in va r i ous

aspects of the hazardous waste program;

• Continue efforts toward evaluation of the need for future hazardous

waste sites for safe handling of hazardous waste, including the need

to establish and maintain a site for extremely hazardous waste on the

Hanford Reservation; and

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• EYqYlde fOT ovaTall adalnlstrat1qnof the hazardous waste program

through suparvision of staff, development of prolr.. policies and

operating procedures, 1B8intenanc. of laboratory support activitiea, atld i1lPl...n~.tion of an .."tomaUd data system for storing

inforeaClonon notifications, pu1Utli, ~01Ilpl1ance inspections, and

enforc'ement actions. .

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MEMORANDUM OF AGREEMENT

OUTLINE

I. GENERAL

II. RESPONSIBILITIES

A. Policy Statement

B. Inforaation Sharing

1. EPA General Program Information Transfer

2. State General Program Information Transfer

3. Emergency Situations and Information Transfer

4. Confidentiality

C. Frequency and Content of Reports

D. Conditions for State Program Review

E. Permit Issuance

1. EPA

2. State

F. Provisions for Enforcement and Compliance Monitoring

1. State

3. Site Visits

4. Enforcement Agreement

G. Provisions for Modification of the MOA
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MEMORANDUM OF AGREEMENT

BETWEEN

THE STATE OF WASHINGTON

AND

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION X FOR INTERIM AUTHORIZATION

PHASE I AND PHASE I I, COMPONENTS A AND B

I. Gene!ral

This Ml!!mOrandum of Agreement (hereafter "Agreement") establishes

policies, responsibilities, and procedures pursuant to 40 CFR 123.126

for operation of the State of Washington's Hazardous Waste Management

Program (hereafter "State Program") authorized Under Section 300q(C)

of the Resource Conservation and Recovery Act (hereafter "RCRA" or

"the! Act") of 1976 (Pu. L. 94-580, USC 6901, et seq.) and the United

States Environmental Protection Agency (hereafter EPA) Regional

Office for Region X. This Agreement further sets forth the manner

in which the state will coordinate with EPA in administering the

State Program.

This agreement is entered into by the Director of the Washington

State Department of Ecology (hereafter "Director" or "the State"),

the lead agency for the state program (as designated by the state

pursuant to 40 CFR 123.124(b» and the Regional Administrator, EPA,

Region X (hereafter "Regional Administrator" or "EPA").

----------- ---~----Nothing--in--thi-s-Agreement-restri-cts--£-PALs-authority-to -fU-l-fi-l-l---i-t-s---------------1

oversight and enforcement responsibi lities under RCRA. Nothi ng in :

this agreement shall be construed to contravene 40 C~~ Part 271.

The parties will review this Agreement jointly at least once a year

during preparation of the annual State Grant Work Program (hereafter

"State Work Program"), in connection with grant funding under

Section 3011 of RCRA.

This Agreement may be modified upon the initiative of either party

in order to ensure consistency with state program modification or

for any other purpose mutually agreed upon. Any revisions or modifications must be in writing and must be signed by both the Director

and the Regional Administrator.

This Agreement will remain in effect until the State withdraws from

authorization or until such time as state program authorization is

withdrawn by EPA, according to the provisions-of 40 CFR 123.136, or

reverts to EPA according to the provisions of 40 CFR 123.137.

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Final authorization will require the execution of a new Memorandum

of Aareellent.

Until the State's program is amended to reflect the Federal requirements in or stemming from the Hazardous and Solid Waste Amendments

of 1984 (HSWA) and such program amendments receive interim or final

authorization, the Administrator shall have the authority in the

state to carry out the provisions required by HSWA. The state and

the administrator shall jointly have the authority to issue or deny

federal RCRA permits with the administrator having authority over

those portions of permits affected by the new requirements.

Unless otherwise stipulated, this Agreement, and any subsequent

modifications made, will take effect immediately upon being signed

by the Director and the Regional Administrator.

II. RESPONSIBILITIES OF PARTIES

A. Policy Statement

Each of the parties to this Agreement is responsible for

ensuring that its obligations under RCRA are met. The Director

and the Regional Administrator agree to maintain a high level

of cooperation and coordination between state and EPA staffs in

a partnership to assure successful and effective administration

of the· state authorized program.

The state has primary authority and responsibility for all

aspects of the authorized hazardous waste program within its

boundaries. Under interim authorization, Washington will have

responsibility for coordination of the program with other

authorized states and with EPA in states without authorization.

The state expects to have minimum resources for implementing

this program and will prioritize activities through the annual

_________ .. .. __ !L~a_t~__~!>rJLP_lan .a_n~L~s~_omp-b~h_ ~_h~!ILjJl-.9_rder...9_L~rior_~ty~ _.__. __

EPA will keep. the Director informed of the content and interpretations of federal statutes, by pr ov i dLng regulations,

guidelines, standards, policy decisions, directives, and any

other factors that affect the state program. EPA also will

provide training and general technical assistance to the state.

B. Information Sharing

1. EPA General Program Information Transfer

EPA agrees to provide copies of all Not i fj cation Forms

(8700-12), including issued EPA identification numbers

from hazardous waste generators, transporters, and treatment, storage, and disposal facilities located in the

state to the Director within thirty (30) days of this

Agreement.

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EPA will also provide. within thirty (30) days of receipt.

copies of the Notification Forms (8700-12). including EPA

identification numbers. submitted by persons located in

the state after the date of this agreement.

EPA agrees to transfer to the Director or his designee

copies of all Part A and Part B hazardous waste manalement

facility permit applications originally submitted to EPA

under 40 eFR 122.22 by facilities located in the state

before the date of this Agreement.

EPA will also provide. within thirty (30) days of receip~.

copies of Part A and Part B perait applicatiollJl s"-itted

directly to EPA after the effective date of this Agreement,

EPA agrees to coordinate with· the Director aDd share

permit information as necessary for joint permitting

activities.

EPA will keep the department informed of all proposed or

adopted federal regulations as promulgated in the Federal

Register adopted pursuant to RCRA or required of another

federal agency to implement the full scope of the state

approved hazardous waste management program.

EPA will assist the department in obtaining publications

of any environmental impact ~r assessment statement. technical support. document. guidance document. or any other

publication developed by EPA. EPA contractor. or other

federal agency related to the development of a state

approved hazardous waste management program.

EPA agrees to make available to the state cop Les of any

reports and data resulting from compliance inspections

within sixty (60) days of completion of the inspection.

EPA agrees to provide the state. upon request. any data or

information necessary for the development and maintenance

of the state's automated data pr~cessing files and compliance monitoring and permit tracking system.

EPA agrees to make available to· the state copies of material

received in response to notices sent to facilities. These

notices requested information on ·solid waste units and

prior releases which will require co~rective action.

1 EPA agrees to share enforcement sensitive information

with the state except for criminal referrals and court

1 Enforcement sensitive information is defined as all inforaation.

written or otherwise. that mayor does concern potential or pending

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specified materials. Enforcement sensitive information

will be withheld from. public inspection and copying

consistent with the provisions of the Public Disclosure

Act of the State of Washington (ch. 42.17 RCW). The

state agrees to take appropriate precautions to ensure

such information is not further distributed.

2. State General Program Information Transfer

The state agrees to inform the Regional Administrator of

any program changes which would affect the state's ability

to implement the authorized program. Program changes of

concern include DlOdification of state legal authorities

(statutes, regulations, judicial decisions), modifications

of interagency agreements or modifications of resource

levels .

The state agrees to require new generators, transporters,

and hazardous waste management facilities to obtain identification numbers consistent with the Dun and Bradstreet

Data Universal Numbering (DUN) system for businesses and

General Service Administration Real Property Number, or

equivalent, for governmental agencies. EPA and the state

will participate in a joint effort to assign DUN identification numbers to all new generators, transporters, and

TSD facilities who notify the state. The state will receive

and review all new notifications of dangerous waste activities and send to EPA for an identification number assignment. The state will then inform the requestor of the new

identification number. Both EPA and the state will work

as rapidly as possible to provide identification numbers

to new notifiers. The state will also submit to EPA any

updates or changes in previously ·submitted notification

submitted notification and Part A permit application infor-. , ,--------- .~-------------~-- --.---- _._- mation-.---thi-81nforma-tlo-n-w£Il~-b-e--p-rovideato-the -Reg[onal---------~-·_----'

Administrator within twenty working days of receipt.

The state agrees to coordinate with the Regional AdministroLu~

and share permit information as necessary for joint

permitting and EPA oversight activities.

The state agrees to submit copies of all Administrative

Orders to EPA.

enforcement act ion. When a formal enforcement action is issued,

correspondence with a Respondent, or any document publicly filed

(with any court or EPA Regional Hearing Clerk), is no longer

enforcement sensi tive. Other materials including interagency and

intraagency documents or correspondence remain enforcement sensitive

because of the potential need for follow-up enforcement action or

court involvement.

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The state agrees to submit to EPA copies of inspection

reports for all EPA oversilbt inspections. If sucb reports

do nQt constitute a sufficient number, EPA and tbe st~te

will negotiate an additional number of inspection reports

to be submitted to EPA by tbe state.

3. Emergency Situa~ions and Info~tioD Transfer

Upon receipt of any information that t4e bandling, storag~t

treatment, transportation, or disposal of bazardous waste

is endangering b~n bealtb or the environment, tbe party

in receipt of su~b informa~ipn s4-11 i..~diately notify by

telepbone tbe otber party(ies) to tbis agreement of the

existence of such situation. A list of appropriate contacts

will be maintained and up4ated 8S a pact of tbe a~~~l

program plan.

4. ~~nfidentiality

EPA Agrees to furnisb to the state information in its

files whicb is not submitted under a claim of confidentiality and wbicb tbe state needs to implement its program.

Subject to the conditions of 40 CFR Part 2, EPA will furnisb

tbe state information sub.itted to EPA under a claim of

confidentiality whicb the state needs to implement its

program. All confidential info~tion EPA agrees to transfer

to the state will be transf~rred in accordance with the

requirements of 40 CFR Part 2.

Any info~ation obtained or used in the administration of- .

the state program shall be available to EPA without restriction. If inf.ormation has been submitted to the state

under a claim of confidentiality, the state must submit

tbat claim to EPA wben providing information. EPA will

treat all information submitted to it with a claim of

confidentiality in accord~nce with the procedures of 40

CFR Pa rt 2.

C. Frequency and Content of Reports

Tbe state agrees to submit to Region X, EPA the following documents,

reports, and other information.

1. Monthly (on the 20th of the month for the month previous)

Compliance monitoring and enforcement report

Permit status report

Facility status sheets, as necessary

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2·. Annual

Annual program reports containing information on the

nuebe r of generators and major facilities in the

state, the quantities of wastes handled, and the

number of anticipated inspections for the next year.

3. Biennial

Biennial report summar~z~ng the quantities and types

of hazardous waste generated, transported, treated,

stored, and disposed in the state as specified in the

RCRA guidance, by October 1 of each even-numbered

year.

4. Other

Additional reports as negotiated in the state Work

Program.

D. Conditions for State Program Review

The Regional Administrator will assess the Director's administration and enforcement of the state program on a continuing

basis for consistency with RCRA, with this Agreement, and with

all applicable federal requirements and policies. This program

evaluation will generally be accomplished by an EPA review of

the information submitted by the Director in accordance with

this Agreement and the State Work Plan, permit overview, com- ,.'

pliance and enforcement overview, and review of state program

activities. The Regional Administrator may also consider, as

part of this regular assessment, written comments about the

state's program administration and enforcement that are received

from regulated persons, the public, and federal, state, and - - ---- ----------------------local--agencies-;-----Copies--o f-any--such--coDDDent-s--rece ived-by~t-he---- ----------

Regional Administrator will be provided to the Director.

The following approach to state program review will generally

be followed by EPA and the state. All significant concerns

raised during EPA review of the information submitted by the

state in accordance with this agreement and the work plan will

be submitted in writing to the State Hazardous Waste Program

Assistant Director. All EPA concerns raised as a result of

permit overview, compliance and enforcement overview, and review

of State Program activities will be submitted by EPA to the

State Hazardous Waste Program Assistant Director.

The review of State Program activities shall be conducted as a

joint review by EPA and the State Hazardous Waste Program. The

review, including any associated audit of the state regional

office operations, shall be scheduled with written notice at

least 30 days prior to the reView/audit. Reviews shall be no

more frequent than quarterly and shall become less frequent as

the state program matures and good performance is consistently

7
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demonstrated. The scheduling shall include a jointly agreed to

State/EPA format and content of the review which reflects goals

and commitments outlined in the National Program Criteria and

the annual State Program plan commensurate with resources available to the state for meeting performance criteria.

EPA will provide written notice to the state at least

prior to conducting any other review of state files.

emergency· situations, the IS-day notice may be waived,

prior notice is still required.

15 days

Under

however

To ensure effective program review, the Director agree. to

allow EPA access to all files and other information requested

by the Regional Administrator and deemed necessary for

evaluating state program administration and enforcement.

Program review meetings between the Director and the Regional

Administrator or their assignees will be scheduled at reason·

able intervals not less than annually to review specific operating

procedures and schedules, to resolve proble~, and to discuss

mutual program concerns. These meetings must be scheduled at

least thirty (30) days in advance of the meeting, with a final

agenda prepared by EPA and submitted to the Director for comments,

at. least one week before the meeting date, unless otherwise

agreed upon.

E. Permit Issuance

1. EPA

Under Interim Authorization, EPA has suspended issuance of

federal permits for activities subject to Components A and

B of Phase II (unless legally unable to do so). EPA and

the state will issue joint permits for activities subject

to Components A and B if there are RCRA 1984 Amendment

requirements involved for which the state has not been

authorized.

For facilities which received a federal ReRA permit prior

to the date of authorization, EPA will seek permittees'

agreement to terminate the federal permit where a state

issued permit was developed jointly with EPA and contains

at a minimum, identical conditions as the federal permit.

In these instances, the jointly issued/ identical state

permit will be considered a RCRA permit.

EPA may comment in writing on draft permits or proposed

permit modifications for facilities (whether or not EPA

commented on the permit application) during the public

cODIIDent period which will consist of 45 days from when the

announcement is given by public notice. Where EPA indicates that issuance, modification or reissuance of a permit

would be inconsistent with the approved program, EPA will

follow 40 CFR 123.134 in providing comments. These C~Dts

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will be in writing to the depart~ent and will include a

statement of the reasons for the comment, including the

section of the federal or state laws or regulations that

are in effect. EPA will identify the actions the state

should take to satisfy these concerns and will discuss

with the department prior to sending a copy of the comment

to the permit applicant. EPA shall withdraw such comment

when satisfied the state has met or refuted the concern.

Upon a request by the state, EPA will provide technical

assistance for permit issuance. This assistance could be

in the form of using the "permit assistance team."

2. State

Under Interim Authorization, the state will continue the

permit issuance activity initiated jointly with EPA prior

to authorization for facilities subject to Phase II Components A and B unless the state and EPA agree to terminate

the process on a case-by-case basis. However, EPA and the

state will issue joint permits for activities subjec~ to

Components A and B if there are RCRA reauthorization

requirements involved for which the state has not been

authorized. Annual commitments for the ti.ely call-in and

issuance of permits for all facilities subject to Phase II

Ca.ponents A and B will be reflected in annual state work

plana.

I' .r-c

The state is responsible for drafting, circulating for

public review and comment, issuing, modifying, reissuing,

and terminating RCRA permits covered by Phase I and Phase II

Components A and B in a manner consistent with ReRA, the

Keaorandum of Agreement, and all applicable federal requireBents. In cases involving RCRA reauthorization, the above ------------------;-----activities-wiU-be-done--joint-ly-by-E-PA-and--the-stat-e.----- ---------I

The state agrees to consider all timely comments EPA makes

on permit applications and draft permits before or during

the 45-day public ,comment period. The state will consider

EPA's concerns on a particular permit application, proposed

permit application, draft permit, or closure plans and,

if appropriate, will response in writing before issuing

the permit or making the modifi=ation.

The state agrees to issue, modify or reissue permits in

accordance with all applicable state permitting regulations.

The state agrees that any compliance schedules contain~d

in permits will require compliance with the Dangerous

Waste Regulations.

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F. ·Provisions for Enforcement and COmpliance Honitoring

~pon final authorization, the state has primary responsibility

for compliance and enforcement actions within the approved

stale program and under· state statutory and regulatory authority.

EPA retains responsibility for ensuring fair and effective

enforcement of federal requtreeents and a credible national

deterrence to noncompliance through an effective state/federal

partnership and an oversight role. The state and EPA agree

that the following elements are IIUlndatory for an effective

enforcement and compliance monitoring program under interim authorization; 1) clear oversight criteria specified in advance

f~r p~ogram performance evaluation, 2) clear criteria for direct

federal enforcement specified in advance with written procedures

for advance consultation and not.ificatioA, and 3) adequate

state reporting to ensure effective oversight.

1. State

The state agrees to carry out a timely and effective program

for monitoring the compliance of generators, transporters,

and facilities with applicable program requirements. As

part of this program, the state will conduct coapliance

inspections to assess compliance with generator and transporter standards (including manifest requirements), facility

standards, permit requir~ts (including late or deficient

Part B applications) compliance schedules, and all other

progr8111 requtreeents , including violation. detected by

state or federal compliance inspections. A compliance and

enforcement tracking system is operated by the state to

ensure timely and appropriate enforcement actions, ensure

adequate compliance follo~-up, monitor compliance rates,

assess categories and violations and report necessary,

accurate, and timely compliance and enforcement information

to EPA for the purposes of oversight and program performance

evaluation. Compliance monitoring and enforcement activities, priorities and reporting requirements will be

specified in the annual state work program and shall be

consistent with applicable federal requirements and with

the state's program description.

Timely and appropriate state ~nforcement response will be

based on a department approved enforcement policy for

dangerous waste program violation. This policy will be

consistent with state requirements for ensuring that all

major threats to the environment and public health are

treated effectively.

In civil enforcement proceedings, the department agrees

not to oppose intervention allowed under Civil Rule for

Superior Court 24, on the grounds that the applicant's

interest is adequately represented by the state.

The state agrees to retain all records for at least three

years unless there is an enforcement action pending. In

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that case all r~cords will be retained for at least three

years after such action is resolved.

2. EPA

EPA's primary role in enforcement and compliance monitoring

under interim authorization shall be that of oversight as

described in Section II.A. and in accordance with oversight

criteria and measures and oversight procedures and protocols

as set forth in this agreement. Deviations to these procedures will only occur in unusual circumstances where

warranted. EPA has the right to inspect any hazardous

waste generator, transporter or TSD facility or to bring

any enforcement action in accordance with Section 3308(a)(2)

of RCRA. This document does not affect or inhibit EPA's

independent authority to issue orders and bring actions

under Section. 3008, 3013, and 7003 of RCRA or any other

applicable federal statute.

For the purposes of oversight of compliance inspections

and enforcement EPA shall maintain a policy of "no surgrises"

to ensure the productive use of liaited state and federal

resources and an effective "partnership" in achieVing

compliance. This principle should be applied to all aspects

of the compliance and enforcement program; covering inspections, enforcement activities, press releases, and public

information, and management data sUlDlll8ries upon which

state and national performance is assessed.

In order to guarantee that there is ample advance

notification, EPA agrees to confer with the state to

establish agreement in writing and reach a clear, consistent understanding on the following matters:

--- -------- ------- -~-------- --Advance--not-i-f-icat-ion--of--int.ended---inspect-ions- -and--- ----

enforcement actions;

Specific identification of who will be notified;

How the notification will be done;

When the notification will occur;

Define the process of state/federal consultation and

dispute resolution on enforcement actions and policy

and regulatory interpretation.

The written agreement to be established on the above

matters is incorporated by reference in this memorandum of

agreement.

EPA also agrees to inform the state in writing of any

national or regional policy changes or program direction

changes and will generally allow the state 90 days to

implement those changes.

At a minimum, the following will be adhered to by EPA, EPA

shall attend approximately 10 percent of the state's compliance inspections to evaluate the state's techniques,

11
-~ ';.. .-.",

follow-up activities, and enforcement actions. The state

will submit to EPA by the end of the first month of the

first quarter and 30 days prior to the beginning of each

subsequent quarter a list of facilities to be inspected

for the upcoming quarter. By the end of the sixth week of

the first quarter and the first week of each subsequent

quarter, EPA will submit to the state a list of the facilities to receive an oversight inspection (approximately

10~). Specific inspection dates will be scheduled later

with the appropriate inspector at least 10 working days

before inspection is to occur. If EPA has a concern about

a particular facility or compliance situation, EPA shall

request that the department perform an inspection normally

within 15 working days. This notice lUy be oral but

shall be followed by a written request no later than five

working days after the oral notice. If the state performs

a compliance inspection and ilubmits a report and data .,

relevant thereto within that time to EPA, no EPA inspections wi 11 be made, un1ess the Regiona 1 Administrator

deems the state report and and data to be inadequate. The

-Regional Administrator may shorten or waive notice periods

in emergency situations, but in all cases will inform the

state before going on-site.

The Regional Administrator lIIay take enforcement action

against any person determined to be in violation of the

authorized program in accordance with Section 3008(a)(2).

After written prior notice to the state, EPA may take

action under Section 3008 of RCRA against a holder of a

state issued permit on the ground that the permittee is

not complying with a condition of that permit.

This Agreement will be modified to reflect approved state

and national enforcement policies.

In addition, EPA may take action under Section 3008 of

RCRA against a holder of a state issued permit. This

action will be based on any unresolved formal cOlIIDents

that were made by EPA during the public review and issuance

of that permit. EPA shall give advance written notice of

such action to the state.

3. Site Visits

EPA is responsible for maintaining reliable national data

on haza rdous waste management. These data are 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 state. The state

agrees to reply in a reasonable time to the Regional

Administrator with this information if readily available

and as resources allow. If the state is unable to provide

12
i:

G.

.... ,.. '

"

the information or if it is necessary to supplement the

state information, EPA may conduct a special surveyor

perform information collection site visits after prior

notification to the state. EPA will share with the state

in a timely fashion any national or regional reports

developed by EPA as a result of such information collection.

4. Enforcement Agreement

The RCRA Enforcement Agreement will be included as Attachment

A to this Agreement. The intent of the E~forcement Agreement

is to provide a basis for implementing an effective state/

federal enforcement relationship. The Enforcement Agreement

identifies oversight criteria, standards for assessing

compliance and enforcement performance standards, protocols

for notification, consultation, overfiling on RCRA enforceDent matters, and state reporting. This Enforcement Agreement

also delineates the relationship of the state enforcement

policy to the compliance strategy and the Enforcement

Agreement itself. The objective of the Enforcement Agreement

is to maintain a stable. predictable, and coordinated

enforcement presence. .

Provisions for Modification of the MeA

This Agreement may be modified upon the initiative of either

party to ensure consistency with state program modifications or

for any other purpose mutually agreed upon. Any revisions or

modifications must be in writing and must be signed by both the

Director and the Regional Administrator.

For the State:

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

For the Federal Government:

u.S. ENVIRONMENTAL PROTECTION

AGENCY, REGION X

By:

Title:

Date:

13

Date: JUl 1
"'f~"_

. - .r--'.

MEMORANDUM OF UNDERSTANDING

COOPERATIVE ARRANGEMENT BETWEEN

THE U.S. ENVIRONMENTAL PROTECTION AGENCY t REGION 10

AND THE STATE OF WASHINGTON

Relating to the cooperative administration of the laws enacted by the

United States of America under Subtitle C of the Resource Conservation

and Recovery Act of 1976 t as amended (Pub. L. 94-58 t 42 U.S.C. 6901

et. seq. hereafter "RCRA" or "the Act") and the laws of the State of

Washington to protect health and the envirou.ent by permitting hazardous

waste disposal facilities.

1. Preamble :~ ..,

.....

II.

The Regional Administrator t U.S. Environmental Protection' Agency t

Region 10, (hereafter "EPA" or ''Regional Administratorlt) and the

Di~~ctor of the. Washington Department of Bcology. (WDOE) , ,designated

as . the lead agency for the State, (hereafter "Di.rec~or'· or "the

State") enter into the Cooperative Arrangement (hereafter

ltArrangeaentlt). The purpose of this Arranaement is .to iJlplemena-.- as

effectively as possible EPA's responsibility for perait~ing land

disposal facilities (Phase II Component C) under RCRA through the

cooperat~ve efforts of EPA and the State.

Authority and Responaibility

EPA has the authority to enter into this Arrangement purauant to

3011 of RCRA for the purpose of funding' elements of tn.hazardous

waste management program under RCRA. This ArrangemeDt is entered

into between EPA and the State because the State has not received

Interim Authorization for Phase II Component C.

It is understood that BPA retains full and ultimate responsibility ---------------fo-r··-th-e-a-dm-iliis~tanoD--aDa-enforcemenCoftnePtiase -II-Component C-----------

Federal hazardous waate ..anagement program in Washington and that

nothing in this Arrangeatent shall be construed to lillit EPA's

authority under RCRA.

III. EPA Overview of State Activities

The Regional Adminiatrator may request and the Director shall

subait information and provide access to a H files necessary for

oversight and evaluation of the State's performance of functions

described in this Arrangement. 1ft in the judgment of the Regional

Adalinistrator, any performance of functions is inconsistent with

this Arrangement t or current Federal policies, regulstions t or

laws t he/she shall notify the State and may take any actions

specified in 40 eFR Part 35.712.

State Notification of Program Changes

As soon as the Director has info~tion concerning any substantial

prcpoaed or actual change of any pertinent s t.at.ut.e , regulation t

directive, significant judicial decision, or form, any of which the
Director' has agreed to make use of in connection with this

Arrangement, the Director shall notify the Regional Administrator

and translllit the text of any such change to the Regional

Administrator. Within 30 days, the Regional AdminUtrator shall

dete~ine whether the proposed change would restrict the authority

of the State to perfo~ in accordance with this Arran.ement. Such

change may be cause for te~ination, accordinl to 40 CPR 30.920, e~.

seq., of the Cooperative Agreement negotiated pursuant to this

Arrangement.

IV. Permit Issuance - Land Disposal Facilities

It.. Permit Issuance Authorities

Bytlie regulations of 40 crR Part 264, EPA has requirements

for permitting of land disposal facilities, includinl surface

impoundments, waste piles,' landfills and land' treableilt

operations. These regulations were promulgated July 26, ..

1982.

By the regula tiona of Chapter 173-303 WAC, the State has

requirements to pe~it these same, kinds of facilities. These

regulations were adopted April 17, 1984 and bee-.e effective

May 17, 1984. With limited exceptions, as discussed below,

these authorities are not included in the State's Phase II

interim authorization. Furthermore, the State has not yet

received authorization from EPA to implement new authorities

provided under the November 1984 amendments to RCRA. Therefore, EPA and the State will be jointly calling for and processing pe rtai.t, applications for disposal facilities qntil final

authorization is achieved for Component C.

As described in the August 2, 1983 Federal Register approving

interim authorization for the State of Washington, the interim

authorized program includes permitting for a limited class of

surface impoundments and waste piles -- those facilities originally included in the Phase II Component A rules promulgated

by EPA on January 12, 1981. These standards (for double lined

impoundments and for lined waste piles used for storage or

treatment of wastes) were subsequently incorporated into the

July 26, 1982 amendments. The State's rules, as adopted on

Karch 26, 1982 at WAC 173-303-650 and 660, corresponded to the

EPA January 12, 1981 rules. WOOE retains its Phase II interim

authorization for permitting a limited universe of surface

impoundments and waste piles. These are impoundments or piles

which can be permitted under the provisions of WAC 173-303-650

and 660 to be exempt from the WAC 173-303-645 requirements for

ground water protection and which are permitted to require

removal or decontamination of all waste material and residues

at closure. All other impoundments and piles and all other

land disposal facilities are subject to EPA's Part 264 and

Part 270 permitting requirements until the State achie.es final

authorization.

- 2 -

(?~.

:i.t. :.r:';- .. ""~;''::' ..

-
.:.--f·-

EPA and the State do not believe there are presently any

surface impoundments or waste piles which can satisfy the

requirements for exemption described above. Accordingly, EPA

and the State expect to precess permits for surface impound-

_ents, waste piles, landfills, and land treatment operations

as joint permits until final authorization is achieved.

B. Joint Pe~itting Procedures

Because EPA and the State each have permit issuance authorities,

permits will be called for and processed jointly, incorporating

. teras· and conditions necessary to satisfy Federal and State

. requirements. Where a disposal facility haa. other storage/

treat8ent processes, the application for these other unit~ will

be. processed under the tenaa of the interim authorization for

Phase II Components A and B. . . ,i'

EPA Agrees To State Agrees To

Where a facility closes under interilll status in lieu..9f receiving

an operating permit, WOOE has lead responsibility for reviewina and approving the closure plan and jointly wi~ EPA ~rminating interim statu. for land disposal facilitie8y ·.Of

Call for remaining Part B

application in accordance

with schedule agreed to with

WDOE

Call for remaining Part B

application (includiAg

storage/treatment components)

r:

?~. :-:;

Conduct compliance evaluation

and permit review meeting with

applicant

Review application for

---,completeness'---.---- ---

Conduct compliance eval~atioD

and pe rmit review DeeUug

with applicant

Review applicati~n for

completeness----------- -----

Secure additional information Secure additional information

Declare application complete Declare application complete

Draft permit conditions Draft permit conditions

Issue joint notice/hold hearing Issue joint notice/hold

hearing

Issue (deny) permit Issue (deny) permit

D. SEA FY 85 Work Plan

The joint permitting procedures for land disposal facilities

stated in this section will be applied to the number of facilities

agreed to under the permitting task of the FY 86 work plan.

- 3 -
V. Effective Date

Unless otherwise stipulated, this Arrangement and any subsequent

modifications will take effect illllDediately upon being signed by

the Director and the Regional Administrator.

VI. Amendments

This Arrangement may be amended or IBOdified l,y IINtual written

agreement signed by both the Director add the Regional Admdnistrator.

The Arrangement will be reviewed and aaend~d, as necessary, in conjunction with development of the State's aanual work program for

Federal fiscal support.

VII. Termination

This Arrao'gement will terminate when the State receives Final

Authorization according to the provisions of 40 CFR 271 or on tho

date on which all Interim Authorizations end, whichever is earlier.

It may also terminate at any time in accordance with 40 CFR 30.920,

et. seq.

Date

Department of Ecology

~-~- ,

U.S. Environmental Protection

Agency, Rqion 10

By S:tu..k' \':wbJUl t M

- 4 -

I
.~ ." - ,',

......

HAZARDOUS WASTE MANAGEMENT

PROGRAM PLAN

Fiscal Year 1986

Prepared by

Waste Management Division

_:-. ..

.. '~""

Office of Hazardous Substances and Air Quality
;

I

I

I

jV 8~ SEA PROGRA:·! "u.:c FOR IIAZAPOOUS WASTE

!ill

HQ

)

.':~~lj

,.;..

, <

... ,jf1'f1\I1

.J\~~~. , '1':',':;"\

"~:$' , :~;'':;'i;:

jj:lt~l .(,~,

',f:

; . '..,

~:' "

!:

T:brstate

4,7 Federal

O. Faderal

State

I I 0.)5 Federal

WDOE Staffing end Fund t r.g IProST..

I i Index

Source Code =t=

.Q..:.!!

0.1

0.4

0.3

o:T

~- U.l

O.~

0,2

0.2

b:J'l

-

.3

.3

2.9

.65

.44

.48

.61

. 70

. IS

.15

.97

.97

.6

.3

Ft. Lewis Ord quarter) .3

I Incinerator permit called In (Union Carbld~)

2/ Progress toward issuance ..,1' five land treatment permits.-

Boeing Plant 11 (2nd quarter). NW Tt,nk Ord quarter)

Seafab, Bethlehem Steel, Boeing, Hytek

r"'ci<1l'lddl, 111[l;"rnatlonal Paper, Hldgefteld Brick and 'l'Ll e

!'I ,l,:'.'dl J kal/dllell

Hay Chemt c a l , tta sco

USOOE Uanford, US Ecology, Kaiser ~ledde

Three storage perm1 t s issued.

Outputs nr R~.ult. and Sch~dule

~emoranda and any addltlvnal followup activities necessary to achieve final authorization.

Call tn one tnc t ne r aror permit.

4 land treatment permits 1n procesl (Areo, Shell. Texaco

Mobll)

Written Phase II pemlt strategy, Ord quarter)

Written documents explaining policy and strategy for d~allng

with unanticipated land disposal facilitiea. (2nd quarter)

urt t ten guidance on pcs c ec tosure permits and model poste losure penni t . (2nd quarter)

Uritt~n compliance/enforcement Slrdtegy. (4th quart~r)

One Incinerator permit modification processed.

I Incinerator permit modification (WSU)

Progress toward Issuance of 14 land disposal pemtts..Y

Sch~dule/plan for revialons to state laws and regulations.

Revisions to state la~s and regulations completed.

Document6 and/or memordnda addresslng equivalency of state

program for new RCRA provisions.

Reg t c-ns

Nh'

tH!

R~spon 1bIe

Unit B)

HQ

HI)

SI!

110

!iQ

!

I

I ~egIOns:

I: I

ReglOnsl

tlW i

SW I E

\: I

NCgtOfl:;!

Sh i

Kegl l):ts

3. Pr epa r e documentation in support of s ra t e aut.ho rt zat Ion for II~W f{CRA provisions.

2. Develop. necessary s t atut ory revisions and

amendments to state dangerous W8!te r egu l e tj on s .

I. Complete (ompll.lI\cl·!enfllr.... erne nt s t ra t egy

J'rpgram Activity or la:o"

2. Deve l cp Phase II Permit Strategy

2. Process Part H land disposal perm t t s Zc Io suree

P~ml [[ Ing!!

3. Process l nc Lne r-ator pe rmi rs

~roalam Development - AUlhorizatlon/Reauthori £at Ion

egu rements

3. Develop a poltey and s t r ar egy f o r dealing with

unanticipated land d l spos a l facilities.

Program Devel!2.p~ - l;t>neral

1. Coep t e te any r emu i u t ng ac t.Lv I t Les related

to Phase I and II final authorization.

5. Pr-oce s s s t orage pe rmt t :.;!clo:,:un·s

4. Process land t r-eatment pe rrnl t s Jc l osu re s

1. Process one permit modification

Lt. Complete gut dance on pos t r c l o sure pc rml t s .

(SIO,OOO re f ns t at enent )

A.

B.

C,

!I Actual percent effort applied to any glven permit can b. determined by [comparing FTEs with WOOE'a m~,,~al' Swabeu. Actual facUttlea selected wlll depend on the priorities

eatabllahed during the l1eveloplHnt, review, and revision of facl lity management plans. In addltlod., '.ifciCilltlonB, mHeatonea, and .Hestone cOIlpletlon datea also depend on the outCOIII8 of the facility IUnag.....nt planning proceaa. Moreover, any state !partlclpatlon In work r.laMes:' "·l'lIIo.'~d1Ient req"lr_nu (I.e •• prior releaaes, aurface Impoundllent retrofitting walvera, exposure asaess_nta) will be considered during the fac lilt,. management plannl ng proeea.. .tf 'pft; are naeded for thue nev act lvlt Ies , correapondlng reduct Ions of other

activit!•• or outputs must occur or new federal monies made avall~ble. I Y "Progreaa toward lasuance" of permt t s Includea SOlQB portinn c f the foqowlng activities: reviewing and cOll8entlng on sullelttals frOCl faclUtles, participating In meetings, and drafting

~~,,, jo'"H, """ ".. I

.\;,'. ••i1.,

...
---------- - --

.~.:,"et.

'"i-.J.~ :.~.

'f~'O :",'1

FY se SEA ?ROGIWl PLAI, FUR HAZARIlOlI~ IIASIE

7. Review/revise facility management plane.

Program Activity or Task

4. Perform t ns pec t i on s on 50' of r ema t n t ng TS[)s.~.J

O. Compliance Honitoringl l

:J

;w

':'1

i

f'

2.84 Federal

.93 State

Source

IIDOE StsfflnR and Funding

rn~

.4(1

1.00

.10

.24

.20

.12

.08

.16

"T

--

1.3

· S

.3

.1 S

· IS

.2

.14

.07

.07

.1S

.1

.1

.OS

.9

.35

· )

.1

.1

.OS

.57

.zs

.13

.06

.1

.03

...5

Outputs or Ruults .nd Schedule

Guidance prev tcec to regional o rtt ce s . pnclud.eS f.J.Aanclal

and ground water plan revlews.) .

InspectIons completed on one major ISO and 3 mInor ISOa.

8 _jar CIIs

4 ...jor CII. 2 ..jar GIIs

3,,..jor G/I.

1 ....~cr G/I.

Lnspe c t Lous (N'lrl~'r~d on 18 minor ISDs.

Review/revisi"·n of 'facillty managenlPnt plans.

Inspec e Ion. cOlllplet.ed on 18 ...jor gener.tora/tr.nsporters.

1 minor, ) mdjor

5 minor, plus Occidental, McChord

1 minor, 1 major

1 .. 1110r , plus Bay Chemica 1

Kaiser

Inspectlons~1 cOGpleted on 10 major ISOs. One third of

these wIll be CMEs (Actual CME. to be negotIated between

state end EPA).

1 major ISO (Chempro, PIer 91 loc.tlon)

1 major ISO (IiSlI)

Inspections completed on two major TSDs.

minor ISOs (Indian Island, Ft. LewIs)

1 ma[or ISO (FairchIld)

1 minor ISO (Y.UI!I8 FIrIng Range)

Cut dance provided to regional offices.

Se.f.b, Bethlehem Steel, BoeIng Auburn, Hytek

1nte.....t Iona l Pape r , RidgeHeld Brick 60 TIle

Procaat

Haseo

Arco, US DOE Hanford

Regions

Nil

E

Regions

Reglolls

Regions

Nil

SII

E

C

1

HQ

N\-:

SII

E

C

I

51,;

E

C

Nil

SII

E

C

I

Regions

HQ b

Regions

Responsible

Unlt(s)

HQ

HQ.

NIl

SII

E

C

I

Perform joint inspections on s t et e-mcut c t pa l t y

owned or operated f ac 11 it t e s .

3. Perform joint Inspections on federal facilities.

5. Perform t nspec t tone on 18 -.ajar generators and

transporters. ( 'BS carryovers)

6. Provide UQ uuppo r t to regional of t i c e e on

perm! t Ie losure Be lions.

6. Provide he8dquarters support to regional offices

on compliance monitoring.

1. Perform t napec t t ons on f erl l l t t e s wl t h groundwater monltorlng.~1

~; Breakdown of number at inspections ~ompleted each quarter will U~ provided by the end of the 1st quarter.

Y lbe output numbers represent 7S percent of the universe. The remaining 15 percent of the faciUties will.be ln~d the f t r e t qu.rter of H 87.

~I Al~ '~n6pectlon5 tuc Jude rev t ev of closure and post c l osu re p l ens .

-
(

I add l t Lona l inspections incorporated Into f ac Illty msnagement II' Ian. and a portion of cOIlpla1nU, I:,!ll~ 1n on potentislly cont.... inated sites.

wBI be pllced on "'ign1ficant non-compliers" to be negotlatT. between the state and EPA toIIen IPA 1...... guidance defining ".ignUicant non-coep l ters ."

I

I

I

2. Issue pen a l t t e s tur Violations.

"

'II

'-

":1

I

,~ .. I" ,

'"

j

Federal

Source

Federa

FUDds

SUffinR and funding

;:.;..-

: \IlOE

-

FTEI

I

.1

: .025

.025

.025

! .025

.06

.0lS

.015

.015

.015

T1b

.46

.1

.1

.

.1

.3

:-;;

.15

.05

.05

.05

.05

Outputs or IU:lults and Schedule

Penaltle. I••ued. (.02 per region)

Partlclpation in two public workshops and one hearing on

on the SEA program plan.

Public hearings held on amendments to regulations and on

final authorizstlon.

Follow-up Inspections completed. (.02 per region)

Responsiveness sUlII:IArles cOI'lpleted and notices of acr1ol1s

t ssued ,

ReSpOTlSC9 to requests tor t n roree t Ioe .

(HI) .lJ5, Reg t ona .02 per region)

Supporting materials and expert te.timony for two court

heerings. (.02 per region)

Supporting materials for Pollution Control He.ring"

goard ac t tons . (.04 per region)

Guidance provided to regional offices.

EISs ~r declarationa of non-sisnlffcance issued.

Completion of 15 plan reviews.

Administrative orders issued. (.09 per region, except

.1 to SW)

Up to five unsnticlpatad inlpection. co.pleted.

11'1

I

i

I

I IIf i fh'gfolJ~

11'1

HQ

I

I

fY 86 SEA PROCRAH PUN FOR HAZARDOUS WASn

I

I Reoponsib 1e

Unids)

I

I Region.

NW I sw I

C . E I

i Region.

I

NW

E

C

I

HQ

I

I

keg1on~I

I Region~

I Reglona

I

I

Reglon~

I Reglon~

.H'1 I

Prepar-e for and part i c t pa r... 111 public hearings

on amendments tv regulations and on Final

Authorization.

Prepare for and partLcipatt: 1n public workshops

and hearings on draft annu.r l program p lan (or EPft,

Prepare env I ronme nt a l tmpac t s t a t cmen t s or declarations of non·signlflcance, as appropriate,

on draft regu Ler f ons , pemit8 and pet t r Ions .

"rogram Activity or I.a"

2. Coordinate public rev t cv (notice and c omment ) ot

ac t Ions taken by the hazardous was t e program and

prepare responsiveness summaries and notices on

ec r t ons •

6. Provide headquarters .upport to regionsl offices

on enforcement activities.

3.

3. Perform fo Ll owup Inspect ions af t e r Issuance of

administrative orders, penalties, and complLance

letters.

4. Provide support before and during appeals made

to Pollution COlltrul Hearings Board.

5. Provide support before and during court hearings.

1. Re spond to in t orm.n 1')11 r cque s t s r r om t he pub l i c ,

industry, s t a t e aud l oc u I agenct e s , dud t tu- med I a .

7. Perform unanticipated tn8pectlonl.~1

5.

1. IS5U~ administrative orders t,) c0rrecl violations

of the dangerous waste regulat Ions.

4.

8. Complete r~ylew~ of 15 nonaaJor closure· postclosure plans. (85' carryover)

E. Entu~:U

F. Public Parttctpatlnl~

Includes

Emphasis

v

!J
FY 80 SEA PROGRAM PLAN FOR HAZARDOUS WASTE

, ~I

.::)~~:': r.-"~

"!'l' , ,. rr,

;'.

"... t":

Prog rem Activity or Ta.k

6. Implement pub l Lc pe r t t c rpet t on activities r e l at ed

to pemlttlng.

Responsible

Unl t(a)

Regions

Outputa or Reau Lt••nd Schedule

Specific tasks will be r.egotlated between the state and EPA

In accordance with the final RIP and included in facility

management plan.. (0.2 per region)

WOOl! Staffing and Funding

,n.

.1

G. Training

1. Attend £PA·sponsored training workshops on

hazardous wdste program.

2. Attend EPA workahopa on new public Involvement

activities.

H. Program Coordlnat Ion

1. Coordinate with EPA on program ac t i v i t f e s such

8S penni t s , t nspec t Ions And eu f orcement ac t t ons

(includes meetings such as quarterly (loll-compliance

lIleet Ing.).

2. Coordinate with EPA on r e v Ls t ons La SEA.

1. Program Admlnlatratlon

1. Prepare annual program plan.

. Supe rvl s Ion ,

3. Prepare status report s .

4. Clerical

J. Laboratory Support

1. Conduct chemical, b t ot og Lce l , 'and pt.vsl c a l

r es r s for de s t gn a t ing wes re iJ,S c1allg\'r\\us o r

extremely httla.rdou~ in ac co r danc e wtltl s t at e

regulation$ and Issue t~pOrlS ()f resulls.

2. Provide technical ass Lst anc e to a t af I on

interpretation of lab results.

3. Provide expert testimony In contested cases

Involvlna lab support.

HQ

Reglona

HQ

Region.

HQ

Region.

HQ

IIQ

HQ

HQ

Reg i on

Lab

Lab

Lab

Part tc Ipat Ion In two ePA-sponsored training workahop•.

(.05 HQ, .03 each region)

Participation In EPA-aponaored training workahop.

(.015 HQ, .017 each region)

Phone calla, memoranda, and meetings with EPA.

(.1 HQ~ .02 each region)

Revlslona to SEA, as appropriate.

Annual SEA program plan.

Supervision of portion of SEA activit lea.

Reporta submitted to EPA.

(Facility Statua Sheets, Monthly Compliance Enforcement

Report, Monthly ·PenllH Status Report>

Clerical

waste s arnpl e s t e s t c d and designated in accordance with

Chapter 173·303 WAC iifld reports of results prepared.

Memoranda or phone assistance provided Lo staff.

Expert testimony provided at up to two hearings.

.Ill!E:oIl

.3

.2

.1

-:1)

.2

.05

.6'

.1

.1

.15

.3

1.

Fea'era

State

--State

-JO'e<fera

)

I

)
I

rx 86 SEA PROGRAM PUll FOR III.UIUlOOS WAStE

WIlOf SUffing and Fwldlna

t

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0;

Prosr.... "'ctlvity or Ia.k

4. ...••i.t In upd.tlng and ..1~tainlaa tecbnical

te.ting .nd ane l yt t ca I proc¢vre•.fQ" dangerous

and e.xtre.mely hazardoua ...te~..:..,.! \;,

I Respon.lble

Unite.)

I

lab

Outputs or Ra.ul t8 SlId Schedule

Updated procedure. fo~lated and utilized In lcboratqry.

FIE totsl

Other Co.u Indirect

Benefiu

Good. , Service.

travel

Total

rna

lS.S $4S7,250

212,164

105,168

35,451

17,900

$827,933

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$620,950 Fed~al

$206,983 Stat

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KEMORAMDUK OF UNDERSTANDING

COOPERATIVE ARRANGEMENT BE'I'WEEN

THE U.S. EHVIRONltEHTAL PROTECTION AGENCY ,REGION 10

AND THE STATE· OF WASHINGTON

Relating ~o the cooperative a~ini.tration of the laws enacted by the

United State. of America under Subtitle C of the Resource Conservation

and Recovery Act of 1976, as amended (Pub. L. 94-58, 42 U.S.C. 6901

et••eg. - hereafter "'RCRA" or "the Act") and the law. of the State of

Wa.hinlton to protect health and the enviroa-ent by pe~ittina hazardous

wa.te di,poaal facilities.

I . Preamble.

The 'Relional A~inistrator, U.S. Environmental Protection Alency,

Relion 10, (hereafter "EPA" or "Relional Adainistrator") and the

Director of tbe'Washinaton Depa~nt of IcololJ {WOOl), desi~ted

a. - the lead 'sieney for the State, (hereafter "Director~ or J'the

State") enter into the Cooperative Ar.ranaellent (hereafter

"ArranaelleJlt") • ~~' purpose of this Arraqement is to illplement. as

effectively a~.po••ible JPA'. responlibility for pe~ttinl land

disposal facilities (Pha.e II Component C) under RORA throuah the cooperat~ve efforts of EPA and the State.

if,' J/ _

1I~ .~Authority and Respoll8ibiUty .

EPA has the authority -to enter into this Arranleme.nt pursuant to

3011 of RORA for the purpose of funding element. of the hazardous

waste management program under RCIA. This Arranaeaent is entered

into between EPA and the State because the State has not received

Interim Authorization for Phase II Component C.

It is ~derstood that EPA retains full and ultimate responsibility

for the adainiatr-.tIon ancr enforcement of-tlie-Ptiise-II-Componen~--C-~-------­

Federal hazardous waIte management program in Washington and that

nothing in this ArranlHM!nt shall be construed to limit EPA's

authority under RORA.

III. IPA Overview of State Activities

The Regional Adlainistrator may request and the Director shall

submit information and provide access to all files necessary for

oversiaht and evaluation of the State's performance of functions

described in this Arrangement. If, in the judgment of the Regional

Administrator, any performance of functions is inconsistent with . this Arrangement, or current Federal policies, relulation6, or

laws, he/she shall notify the State and may take any actions

specified in 40 CFR Part 35.712.

State Notification of Program Changes

As soon as the Director has information concerning any substantial

proposed or actual change of any pertinent statute, regulation,

directive, significant judicial decision, or fo~, any of which the
./"""\.

.. ,.:

.---.

--~----

Director has agreed to make use of in connection with this

Arrangement~ the Director shall notify the Regional Administrator

and transmit· the text of any such change to the Regional

Administrator. Within 30 days, the Regional Administrator shall

dete~ine whether the proposed change would restrict the authority

of the State to perform in accordance with this Arrangement. Such

change may be cause for termination, according to 40 CFR 30.920, e~.

seq , , of the Cooperative Agreement negotiated pursuant to this

Arrangement.

IV. Permit Issuance - Land Disposal FacilitiesA. Permit Issuance Authorities

By the regulations. of 40 CFR Part 264, EPA has requirements

for permitting of land disposal facilities, including surface

impoundments, waste piles, landfills and land treatment

operations. These _ regulations were promulgated July 26,

1982. .

By the regulations of Chapter 173-303 WAC, the State has

requirements to permit these same kinds of facilities. These

regulations were adopted April 17, 1984 and became effective

Hay 17, 1984. With limited exceptions, as discussed below,

these authorities are not included in the State's Phase II

inte.rim authoriza~ion. Furthermore, the State has not y~t

received authorization· from EPA to implement -new authorities

provided under the November 1984 amendments to RCRA. Therefore, EPA and the State will be jointly calling for and processing permit applications for disposal facilities until final

authorization is achieved for Component C.

As described in the August 2, 1983 Federal 'Register approving

interim authorization for the State of WashingtonLth~~nterim

authorized program includes permitting for a limited class of

surface impoundments and waste piles -- those facilities originally included in the Phase II Component A rules promulgated

by EPA on January 12, 1981. These standards (for double lined

impoundments and for lined waste piles used for storage or

treatment of wastes) were subsequently incorporated into the

July 26, 1982 amendments. The State's rules, as adopted on

March 26, 1982 at WAC 173-303-650 and 660, corresponded to the

EPA January 12, 1981 rules. WOOE retains its Phase II interim

authorization for permitting a limited universe of surface

impoundments and waste piles. These are impoundments or piles

which can be permitted under the provisions of WAC 173-303-650

and 660 to be exempt from the WAC 173-303-645 requirements for

ground water protection and which are permitted to require

removal or decontamination of all waste material and residues

at closure. All other impoundments and piles and all other

land disposal facilities are subject to EPA's Part 264 and

Part 270 permitting requirements until the State achieves final

authorization.

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EPA and the State do not believe there are presently any

surface impoundments or waste piles which can satisfy the

requirements for exemption described above. Accordingly, EPA

and the. State expect to process permits for surface ~ound­

.ents, waste piles, landfills, and land treatment operations

as joint permits until final authorization ia achieved.

B. Joint Permitting Procedures

Because EPA and the State each have permit issuance authorities,

permits will be called for and processed jointly, incorporating

tenrsand conditions necessary to satisfy Federal and State

requirements. Wher~ a disposal facility has other storage/

treatment processes, the application for these other units will

be processed' under the terms of the interim authorization for

Phase II Components A and B.

Where a facility closes under interim status in lieu of rece~ving

an operatini penrit, WOOl has lead responsibility for reviewing and approving the closure plan and jointly with EPA tendnating interi. status for land disposal facilities.

EPA Agrees To

Call for remaining Part B

application in accordance

with schedule agreed to with

WOOE

Conduct compliance evaluation

and permit review meeting with

applicant

State Agrees To

Call for remaining Part B

application (including

storage/treatment components)

Conduct compliance evaluation

and permit review meeting

with applicant

Review application for Review application for

--~--------~_·~----eompleteness·--~~--_·_-------completeness---~--------~------

Secure additional information

Declare application complete

Draft permit conditions

Issue joint notice/hold hearing

Issue (deny) permit

D. SEA FY 85 Work Plan

Secure additional information

Declare application complete

Draft permit conditions

Issue. joint notice/hold

hearing

Issue (deny) permit

The joint permitting procedures for land disposal facilities

stated in this section will be applied to the number of facilities

agreed to under the permitting task of the FY 86 work plan.

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V.

r~...; ...... .;

Effective Date

Unless otherwise stipulated, this Arrangement and any subsequent

modifications will take effect illlDediately upon being signed by

~e Director and the Regional Administrator.

VI . Amendments

This Arrangem_ent may be amended or modified by mutual written

agreement signed by both the Director·and the Regional Administrator.

The Arrangement will be reviewed- and amended, as nec~s8ary, in conjunction with development of the State' 8 annual work program for

Federal fiscal support.

VII. Termination

This Arrangement will terminate when the State receives Final

Authorization according to the provision. of 40 CJR 271 or OD the

date on which all Interim Authorizations end, whichever is earlier.

It may also terminate at any_ time in accordance with 40 CFR 30.920,

et. seq.

Department of Ecology u.S. Environmental Protection

Agency, Region 10

~£.;J..)

Date vi", i/,t"

By

Date JUl 1 1!J8S

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