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### FY 1986 HAZARDOUS NASTE MANAGEMENT PROGRAI,'



### Prepared by Hazardous Waste Management Divisian Office of Hazardous Substances and Air Quality Department of Ecology

June 1985

State ofWashington Booth Gardner 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.ction** 

### Agency (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.** 

### . .: . ..

- ,



### 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'rot

### ect

### 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 pe1'1llitsi .



### *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.



### - 2 - :-.



# -

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I

### • 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;**",:~**, \;

-----**---~--------** --.--10

### itiat-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 ri

### 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



### - 3 -• 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.

.



### - 4 - 

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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 XFOR INTERIM AUTHORIZATION PHASE I AND PHASE II, COMPONENTS AAND 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 responsibilities under RCRA. Nothing 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.

2,- ·**.~**

### ...

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 ovidLng 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 fjcation 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.

3 

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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
4

### ---.

. ,. -·,4·..• .... ;:..-.

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 Apermit 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 action. 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 sensitive. 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.

5<.

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 Part 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

6

### 2·. Annual Annual program reports containing information on the nueber 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--of-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..

## -.... .

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** 8 

# .-;';" ':-_ "0' o**q:.t.:o~~'~'"** "**.::;;.~ ~-'**  ..



### 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 Aand 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 Bwill be reflected in annual state work plana. 

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### 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.

9**~.'**

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 10 -, ,[;.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 Regiona1 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 hazardous 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 12i: 

### 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 OFECOLOGY 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 AGENCYt 

### 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 1976t 

### 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 Administratort 

### 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 aH 

### 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 theDirector' 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 regulationa 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 pertai.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'



### State Agrees To EPA 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**~rmi** 

### nating 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 permit 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'

# \':wbJUlt 

## 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~** SEAPROGRA:·! "u.:c FORIIAZAPOOUS 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 Fundtr.g 

# I ProST

.. 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 .3 Ord quarter) Ft. Lewis I Incinerator permit called In (Union**Carbld~)** 2/ Progress toward issuance ..,1' five land treatment permits.-

Boeing Plant 11 (2nd quarter). NWTt,nk Ord quarter) Seafab, Bethlehem Steel, Boeing, Hytek r"'ci<1l'lddl, 111[l;"rnatlonal Paper, Hldgefteld Brick and 'l'Lle !'I ,l,:'.'dl J kal/dllell Hay Chemt c a l , ttasco USOOE Uanford, US Ecology, Kaiser**~ledde**

Three storage perm1 ts issued. Outputs nr**R~.ult.** and**Sch~dule ~emoranda**  and any addltlvnal followup activities necessary to achieve final authorization.

Call tn one tnc tne raror 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)
urttten guidance on pcscectosure permits and model postelosure pennit . (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.

Regtc-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. Prepar e documentation in support of srate aut.hortzatIon for**II~W** f{CRA provisions. 2. Develop. necessary statutory revisions and amendments to state dangerous W8!te regul etjon s .

I. Complete (ompll.lI\cl·!enfllr

....ernent st rategy J'rpgram Activity or la:o"

2. Deve l cp Phase II Permit Strategy

2. Process Part H land disposal permtts Zc Iosuree**P~ml** [[Ing!!

3. Process l nc Lne r-ator pe rmirs**~roalam** Development

- AUlhorizatlon/Reauthori£atIon egu rements

3. Develop a poltey and straregy fo r dealing with unanticipated land d lsposa l facilities. Program**Devel!2.p~** - l;t>neral 1. Coeptete any r emuiutng ac t.Lv It Les related to Phase I and II final authorization.

5. Pr-oces s storage permt t :.;!clo:,:un·s 4. Process land tr-eatment pe rrnlts Jc losures 1. Process one permit modification Lt. Complete gutdance on post rc l osure pcrmlts . (SIO,OOO re fnstatenent) 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 facllity 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 faclilt,. management plannlng proeea.. .tf 'pft; are naeded for thue nev actlvltIes , correapondlng reductIons of other activit!•• or outputs must occur or new federal monies made**avall~ble.** I Y "Progreaa toward lasuance" of permtts Includea SOlQB portinn cf 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
FYse SEA ?ROGIWl PLAI, FUR**HAZARIlOlI~** IIASIE

7. Review/revise facility management plane. Program Activity or Task

4. Perform tnspect ion s on 50' of rematntng**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 prevtcec to regional orttce 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. Lnspect Lous**(N'lrl~'r~d** on 18 minor ISDs. Review/revisi"·n of 'facillty managenlPnt plans.

InspeceIon. cOlllplet.ed on 18

...jor gener.tora/tr.nsporters. 1 minor, ) mdjor 5 minor, plus Occidental, McChord 1 minor, 1 major 1 .. 1110 r , plus Bay Chemica1 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) Cutdance provided to regional offices.

Se.f.b, Bethlehem Steel, BoeIng Auburn, Hytek 1nte

.....tIonal Paper , 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 stete-mcutctpa lty owned or operated fac 11itte s .

Perform joint Inspections on federal facilities. 3.

5. Perform tnspect tone on 18 -.ajar generators and transporters. ( 'BS carryovers) 6. Provide UQ uupport to regional oftic e e on perm!tIelosure Belions.

6. Provide he8dquarters support to regional offices on compliance monitoring. 1. Perform tnapect tons on ferl l lt te s wlth 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 tr et qu.rter of H 87.**~I Al~** **'~n6pectlon5** tucJude revtev of closure and post c losure p lens.



# -

### (

I add ltLona l inspections incorporated Into facIllty 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 EPAtoIIen IPA 1

...... guidance defining ".ignUicant non-coeplters." I 

## I I 2. Issue pena lt te 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 SEAprogram 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 tssued, ReSpOTlSC9 to requests tor tnroreetIoe
. (HI) .lJ5, Regtona .02 per region) Supporting materials and expert te.timony for two court heerings. (.02 per region) Supporting materials for Pollution Control He.ring" goard acttons
. (.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 Reoponsib1e

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 ictpa r... 111 public hearings on amendments tv regulations and on Final Authorization. Prepare for and partLcipatt: 1n public workshops and hearings on draft annu.rl program plan (or EPft,

Prepare env I ronme nt a l tmpact statcments or declarations of non·signlflcance, as appropriate, on draft reguLerfons, pemit8 and pettrIons
. "rogram Activity or I.a"

2. Coordinate public revtcv (notice and c omment) ot actIons taken by the hazardous waste program and prepare responsiveness summaries and notices on ec rtons• 6. Provide headquarters .upport to regionsl offices on enforcement activities.

3. 3. Perform fo Ll owup Inspections afte 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. Respond to in torm.n 1')11 rcquest s r r om t he publ ic , industry, st ate aud l oc u I agencte s , dud ttu- med I a . 7. Perform unanticipated**tn8pectlonl.~1**

5. 1.**IS5U~** administrative orders t,) c0rrecl violations of the dangerous waste regulatIons.

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

E.**Entu~:U**

F. Public**Parttctpatlnl~**

Includes Emphasis 

## v !JFY 80 SEA PROGRAM PLAN FORHAZARDOUS WASTE ,**~I**

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

## "!'l',

,. rr, ;'. "... t":

Prog rem Activity or Ta.k

6. Implement publ Lc pe rt t crpetton activities r e lated to pemlttlng. Responsible Unlt(a) Regions Outputa or ReauLt••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 CoordlnatIon 1. Coordinate with EPA on program activi t fe s such 8S pennits , tnspectIons And euforcement acttons (includes meetings such as quarterly (loll-compliance lIleetIng.). 2. Coordinate with EPA on r e v Lstons La SEA.
1. Program Admlnlatratlon 1. Prepare annual program plan.

. SupervlsIon, 3. Prepare status reports .

4. Clerical
J. Laboratory Support 1. Conduct chemical, btotogLce l , 'and pt.vslc a l r es r s for de stgn at ing wes re iJ,S c1allg\'r\\us or extremely**httla.rdou~** in ac co rdance wtltl state regulation$ and Issue**t~pOrlS** ()f resulls. 2. Provide technical ass Lstance to atafI 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

Region

Lab

Lab
Lab ParttcIpatIon 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 activitlea. Reporta submitted to EPA. (Facility Statua Sheets, Monthly Compliance Enforcement Report, Monthly ·PenllH Status Report> Clerical

waste sarnpl e s te stc 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

rx86 SEA PROGRAM PUll FOR III.UIUlOOS WAStE

WIlOf SUffing and Fwldlna 

# t ( 0;

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

4.

...••i.t In upd.tlng and

..**1~tainlaa** tecbnical te.ting .nd anelyttca I proc¢vre•.fQ" dangerous and e.xtre.mely hazardoua

...**te~** ..:.. ,.! \;, I Respon.lble

Unite.) I lab Outputs or Ra.ult8 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 ..:. .......r.·**.-~~J:~~**

# /.(:~~;;,Hl.

# ' .\",f

. .,.. ...

## ~i.r,J. :1**,·:~;~~~~7 1l.1·.,~.rl,** **3.8,~** .•: 

### ,"

. i;.

$620,950**Fed~al** $206,983 Stat

:,
"**':;J'~"** " .'**l!l,·.t-{~ j',.~,,!,**  ifI'

. 

# . i:

.**~~**. 

# ,**~;~X**



### .**~~:,** , , "tl •**~1**


# I I I I I I r' ','" 

# I**,~**

.:\ I I I I**4.~**


# - " .',

I II If**,~** 

### ti;:;."

KEMORAMDUK OFUNDERSTANDING 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** 

### ofIcololJ 

## {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 

### ComponentC) 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 ancrenforcement**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. IPAOverview 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 Arules 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.

- 2 -

### 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 Aand 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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