1Unless
the
context
indicates
otherwise,
the
terms
"
Director"
and
"
State"
are
used
interchangeably.

1
MEMORANDUM
OF
AGREEMENT
BETWEEN
THE
COMMONWEALTH
OF
VIRGINIA
AND
THE
UNITED
STATES
ENVIRONMENTAL
PROTECTION
AGENCY
REGION
III
I.
GENERAL
This
Memorandum
of
Agreement
(
hereinafter
"
MOA")
establishes
responsibilities
and
procedures
pursuant
to
40
CFR
§
271.8
for
the
Commonwealth
of
Virginia
(
hereinafter
"
State")
Hazardous
Waste
Program
authorized
under
Section
3006
of
the
Resource
Conservation
and
Recovery
Act
(
hereinafter
"
RCRA"
or
the
"
Act")
of
1976
(
42
U.
S.
C.
6901
et
seq.),
as
amended
(
Public
Laws
94­
580,
96­
482,
98­
616),
(
hereinafter
"
State
Program"
or
"
Program"),
and
the
United
States
Environmental
Protection
Agency
Region
III
(
hereinafter
"
EPA").

This
MOA
further
sets
forth
the
manner
in
which
the
State
and
EPA
will
coordinate
in
the
State's
administration
and
enforcement
of
the
State's
program
and,
pending
additional
authorization,
EPA's
administration
of
the
non­
authorized
provisions
of
the
Hazardous
and
Solid
Waste
Amendments
of
1984
("
HSWA"),
and
EPA's
regulations
thereunder.
For
purposes
of
this
MOA,
references
to
"
RCRA"
include
HSWA.

This
MOA
is
entered
into
on
behalf
of
the
State
by
the
Director
of
the
Department
of
Environmental
Quality
(
hereinafter
ADirector")
to
the
fullest
extent
of
his
authority
to
act
as
a
representative
of
the
Commonwealth
in
his
capacity
as
Directorr,
and
by
the
Regional
Administrator,
EPA
Region
III
(
hereinafter
"
Regional
Administrator").

Nothing
in
this
MOA
will
be
construed
to
restrict
in
any
way
EPA's
authority
to
fulfill
its
oversight
and
enforcement
responsibilities
and
authorities
under
Subtitle
C
of
RCRA.
Nothing
in
this
MOA
will
be
construed
to
contravene
any
provision
of
40
CFR
part
271
or
any
other
Federal
law
or
regulation.

Further,
nothing
in
this
MOA
shall
be
construed
to
restrict
the
Commonwealth
in
the
administration
of
the
State
Program
required
in
the
Waste
Management
Act,
§
§
10.1­
1400,
et
seq.
of
the
1950
Code
of
Virginia,
as
amended,
or
the
Virginia
Hazardous
Waste
Management
2
These
policies
and
guidance
include,
at
a
minimum,
the
OSWER
Consolidated
Guidance;
the
Office
of
Enforcement
and
Compliance
Assurance
MOA
guidance;
RCRA
Civil
Penalty
Policy
dated
October
26,
1990;
National
Criteria
for
a
Quality
Hazardous
Waste
Program;
EPA's
Hazardous
Waste
Civil
Enforcement
Response
Policy
(
March
1996),
and
any
revision
thereto;
and
the
EPA
Policy
on
Performance
Based
Assistance
(
May
31,
1985);
and
the
May
1,
1996
Advanced
Notice
of
Proposed
Rulemaking
for
the
Corrective
Action
Program;
Setting
Customer
Service
Standards
(
E.
O.
12862,
September
11,
1993);
Improving
Customer
Service
(
Fred
Hanson,
April
8,
1998);
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
income
Populations
(
E.
O.
12892,
February
11,
1994);
EPA
OSWER
Environmental
Justice
Action
Agenda
(
EPA
540/
R­
95/
023,
1995).

2
Regulations,
Title
9,
Environment,
Virginia
Administrative
Code
(
hereinafter
"
VAC
20­
60­
10
et
seq.")
or
other
state
law.

Nothing
in
this
MOA
will
be
deemed
to
confer
any
rights
or
privileges
on
any
person
or
entity
not
a
party
to
this
agreement.

The
State
and
EPA
(
hereinafter
"
Parties"
or,
individually,
"
Party")
will
review
the
MOA
jointly
at
least
once
a
year.

This
MOA
supersedes
the
MOA
that
became
effective
on
September
29,
2000.
This
MOA
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
to
this
MOA
will
be
in
writing
and
must
be
signed
by
the
Director
and
the
Regional
Administrator.
This
MOA
will
remain
in
effect
until
such
time
as
EPA
withdraws
State
Program
authorization
or
the
State
voluntarily
transfers
authority
to
EPA
according
to
the
criteria
and
procedures
established
in
40
CFR
§
§
271.22
and
271.23,
or
until
the
MOA
is
superseded
by
a
new
MOA
executed
by
the
Parties.

II.
POLICY
STATEMENT
Each
of
the
Parties
to
this
MOA
is
responsible
for
ensuring
that
its
obligations
under
Subtitle
C
of
RCRA
are
met.
Upon
granting
of
final
authorization
by
EPA,
the
State
will
assume
primary
responsibility
for
implementing
the
authorized
provisions
of
the
State
hazardous
waste
program
within
its
boundaries.
The
State
will
conduct
its
hazardous
waste
program
consistent
with
existing
EPA
program
policies
and
guidancee,
and
intends
to
follow
future
EPA
program
policies
and
guidance,
consistent
with
State
law
and
regulations.
EPA
will
retain
its
responsibility
to
ensure
full
and
faithful
execution
of
the
requirements
of
RCRA,
including
direct
implementation
of
HSWA
in
the
event
the
State
is
not
authorized
to
act
thereunder.
The
Director
and
the
Regional
Administrator
agree
to
maintain
a
high
level
of
cooperation
between
their
respective
staffs
in
a
partnership
to
assure
successful
and
effective
administration
of
the
State
Program.
While
EPA
retains
responsibility
for
the
direct
implementation
of
those
provisions
of
HSWA
for
3
which
the
State
is
not
authorized,
EPA
and
the
State
intend
to
coordinate
the
implementation
of
these
provisions
to
the
greatest
degree
possible.

Section
3006(
g)
of
RCRA
provides
that
hazardous
waste
requirements
and
prohibitions
promulgated
pursuant
to
HSWA
are
applicable
in
authorized
States
at
the
same
time
that
they
are
applicable
in
unauthorized
States
with
the
exception
of
section
3006(
f),
"
Availability
of
Information,"
which
cannot
be
implemented
by
EPA
in
authorized
States.
If
such
HSWA
requirements
are
less
stringent
than
the
State's
authorized
program,
the
State's
rules
would
govern.

EPA
will
execute
its
required
oversight
functions
of
the
authorized
State
Program
to
ensure
full
execution
of
the
requirements
of
RCRA,
to
promote
national
consistency
in
the
implementation
of
the
hazardous
waste
program,
to
allow
EPA
to
report
to
the
President
and
Congress
on
the
achievements
of
the
hazardous
waste
program,
and
to
encourage
States
and
EPA
to
agree
on
the
level
of
desirable
technical
support
and
joint
efforts
to
prevent
and
to
mitigate
environmental
problems
associated
with
the
improper
management
of
hazardous
wastes.

EPA
will
conduct
oversight
functions
through
written
reporting
requirements,
permit
overview,
compliance
and
enforcement
overview,
and
mid­
year
and
annual
reviews
of
the
State's
program.

III.
STATE
PROGRAM
REVIEW
A.
General
The
Regional
Administrator
will
assess
the
State's
administration
and
enforcement
of
the
hazardous
waste
program
on
a
continuing
basis
for
equivalence
and
consistency
with
RCRA,
with
this
MOA,
and
with
all
applicable
Federal
requirements
and
policies
for
the
adequacy
of
enforcement.
EPA
will
assess
the
State's
administration
and
enforcement
by
reviewing
information
the
State
submits
in
accordance
with
this
MOA,
the
State's
RCRA
§
3011
Grant
Work
Plan
(
hereinafter
"
Grant
Work
Plan"),
and
through
periodic
reviews
of
the
State's
program
activities.
EPA
may
also
employ
other
mechanisms
to
aid
in
its
assessment
of
the
State's
program.

To
ensure
effective
program
review,
the
State
agrees
to
allow
EPA
access
to
all
records
used
in
the
administration
of
the
program
requested
by
the
Regional
Administrator,
or
his/
her
designee,
which
are
deemed
necessary
by
EPA
to
review
and
evaluate
the
State
Program
and
enforcement.
The
State
does
not
waive
any
privileges
it
may
assert
in
litigation
under
the
Federal
Rules
of
Civil
Procedure.

Review
of
the
State's
files
may
be
scheduled
periodically;
however,
the
State
agrees
to
allow
EPA
access
to
specific
files
more
frequently
as
circumstances
warrant,
i.
e.,
for
enforcement
actions.
Program
review
meetings
between
the
Director
and
the
Regional
Administrator,
or
their
designees,
will
be
scheduled
at
reasonable
intervals
not
less
than
annually
to
review
specific
operating
procedures
and
schedules,
to
resolve
problems
and
to
discuss
mutual
program
concerns.
These
meetings
will
be
scheduled
at
least
fifteen
(
15)
days
in
advance
unless
EPA
and
4
the
State
agree
to
a
different
length
of
time.
A
tentative
agenda
for
the
meeting
will
be
prepared
in
advance
by
EPA.

The
Regional
Administrator
may
also
consider,
as
part
of
his
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.

B.
Identification
of
Priority
Activities
The
State
and
EPA
agree
to
develop,
as
a
part
of
the
State's
Grant
Work
Plan,
criteria
for
priority
activities,
including
activities
regarding
handlers
of
hazardous
waste.
These
criteria
will
be
based
on
EPA
program
guidance,
the
Office
of
Enforcement
and
Compliance
Assurance
(
OECA)
MOA,
and
priorities
of
the
State
and
will
be
used
to
identify
activities
that
should
receive
the
highest
priority
during
the
grant
period.
They
will
be
reviewed
annually
and
revised
as
appropriate.

Activities
that
could
be
considered
high
priority
include,
but
are
not
limited
to,
facilities
to
be
inspected
or
permitted,
facilities
requiring
corrective
action,
and
enforcement
against
owners
or
operators
of
facilities
with
known
or
suspected
contamination
that
pose
a
risk
to
human
health
or
the
environment.

IV.
INFORMATION
SHARING
A.
General
This
Section
covers
information
sharing
on
miscellaneous
elements
of
the
RCRA
program,
including
notification,
RCRAInfo
data,
etc.
Specific
information­
sharing
requirements
for
the
other
major
program
elements
are
covered
in
Sections
V
(
Permit
Issuance),
VI
(
Permit
Administration),
and
VIII
(
Compliance
Monitoring
and
Enforcement).

As
the
respective
information
needs
of
the
State
and
EPA
evolve,
changes
to
this
section
of
the
MOA
may
be
appropriate.
During
the
annual
review
of
this
MOA,
the
Director
and
the
Regional
Administrator
will
carefully
examine
the
following
information­
sharing
provisions
and
revise
as
appropriate.

EPA
and
State
responsibilities
regarding
the
maintenance
and
operation
of
the
Resource
Conservation
and
Recovery
Information
(
RCRAInfo)
System
are
specified
in
the
RCRAInfo
Memorandum
of
Understanding
(
MOU)
negotiated
between
EPA
Region
III
and
the
State
and
in
the
Grant
Work
Plan.
Examples
of
responsibilities
addressed
in
the
RCRAInfo
MOU
include,
but
are
not
limited
to,
the
following:

1.
processing
hazardous
waste
notification
forms;

2.
issuing
EPA
identification
numbers;
5
3.
submittal
and
use
of
compliance
and
enforcement
information;

4.
submittal
and
use
of
corrective
action
information;

5.
processing
hazardous
waste
permitting
information;
and
6.
submittal
of
information
to
correct
information
which
is
inaccurate.

B.
EPA
Consistent
with
applicable
law
and
regulations,
EPA
will:

1.
keep
the
State
informed
in
a
timely
manner
of
the
content
and
meaning
of
Federal
statutes,
regulations,
guidelines,
standards,
policy
decisions,
directives,
and
other
factors
that
affect
the
State's
Program.
EPA
will
also
provide
timely
technical
guidance
to
the
State.
EPA
will
share
with
the
State
any
national
reports
EPA
develops
from
the
data
submitted
through
State
reporting
requirements;

2.
make
available
to
the
State,
as
requested,
other
relevant
information
which
the
State
needs
to
implement
its
approved
program,
subject
to
the
conditions
of
40
CFR
part
2,
such
as:

a.
Part
A
and
Part
B
Permit
Applications,
whether
received
prior
to
the
effective
date
of
this
MOA,
or
subsequent
to
the
effective
date
of
this
MOA,
and
whether
first
received
by
the
State
or
EPA,

b.
copies
of
final
permits
and
permit
modifications,

c.
notices
of
permit
denials,
and
d.
other
information
necessary
to
support
the
foregoing
information;
and
3.
bring
to
the
State's
attention
any
comments
it
receives
regarding
the
State's
administration
of
the
hazardous
waste
program.

As
resources
and
circumstances
allow,
EPA
will
make
available
necessary
training
relating
to
RCRA
Subtitle
C
to
the
State
on
request.

As
resources
allow,
EPA
agrees
to
provide
technical
assistance
to
the
State
in
the
review
of
permit
applications,
draft
permits,
permit
modifications,
closure/
post­
closure
plans,
etc.,
on
request.
6
C.
State
The
State
agrees
to
inform
the
Regional
Administrator
in
advance
of
any
proposed
program
changes
that
would
affect
the
State's
implementation
of
the
authorized
program.
Program
changes
of
concern
include
modifications
of
the
State's
legal
authorities
(
i.
e.,
statutes,
regulations,
and
judicial
or
legislative
actions
affecting
those
authorities),
modifications
of
Memoranda
of
Agreement
or
Understanding
with
other
agencies,
and
modifications
of
resource
levels
that
would
have
a
negative
impact
on
the
State's
ability
to
carry
out
the
terms
of
this
MOA
(
i.
e.,
available
or
budgeted
personnel
and
funds).
The
State
recognizes
that
program
revisions
must
be
made
in
accordance
with
the
provisions
of
40
CFR
§
271.21,
and
that,
until
approved
by
EPA,
revisions
are
not
authorized
as
RCRA
Subtitle
C
requirements.

EPA
and
the
State
will
agree
on
the
type
and
frequency
of
reports
which
the
State
will
prepare
for
EPA
to
maintain
oversight
of
the
implementation
of
the
State's
authorized
program.
A
specific
list
of
reports
and
their
frequency
will
be
included
in
the
Grant
Work
Plan
and
will
constitute
a
grant
commitment
for
the
State.
Reporting
will
include,
but
not
be
limited
to,
the
following:

1.
Government
Performance
and
Results
Act
("
GPRA")
goals
and
accomplishments;

2.
Information
required
pursuant
to
40
CFR
§
270.5;

3.
Biennial
report
summarizing
the
quantities
and
types
of
hazardous
waste
generated,
transported,
treated,
stored,
and
disposed
of
in
the
State
by
October
1
of
each
even­
numbered
year;

4.
Copies
of
inspection
reports,
record
reviews,
and
sampling
results
for
all
commercial
facilities,
treatment,
storage,
and
disposal
facilities
(
TSDFs),
large
quantity
generators
(
LQGs),
Federal
facilities
and
non­
notifiers.
For
small
quantity
generators
(
SQGs),
the
above
reports
need
only
be
submitted
where
there
are
detected
violations;

5.
Copies
of
all
enforcement
actions,
orders
and
judgments
regarding
commercial
facilities,
non­
notifiers,
TSDFs,
Federal
facilities,
generators
and
SQGs;
and
6.
Reports
containing
statistical
summaries
and
charts
of
each
quarter's
accomplishments
for
compliance
and
enforcement.
Where
appropriate,
facility
information
should
be
listed
by
category
(
e.
g.,
generators,
TSDFs,
etc)
and
include
EPA
ID
numbers.

Pursuant
to
40
CFR
§
271.8,
EPA
reserves
the
right
to
request
any
information
it
deems
necessary
relating
to
the
State's
approved
program
in
a
manner
to
be
specified
in
the
Grant
Work
Plan.
7
The
State
agrees
to
provide
permit
and
closure
information
to
EPA
as
specified
in
the
Grant
Work
Plan.
A
listing
of
the
information
which
the
State
will
submit
to
EPA
and
a
submittal
schedule
will
be
included
in
the
Grant
Work
Plan
and
will
constitute
a
grant
commitment
for
the
State.
Examples
of
the
required
information
include,
but
are
not
limited
to,
the
following:

1.
Copies
of
permit
applications
submitted
to
the
State
and
subsequent
revisions
or
additions
to
these
applications
on
or
after
the
effective
date
of
this
MOA,
for
hazardous
waste
management
facilities
in
the
State,
unless
EPA
has
been
sent
a
copy
by
the
facility;

2.
Copies
of
draft
permits,
proposed
permit
modifications,
draft
permit
denials,
and
accompanying
explanatory
material
for
all
hazardous
waste
management
facilities
in
the
State.
EPA
also
may
request
copies
of
completeness
and
technical
reviews
for
selected
permits
being
worked
on
during
the
fiscal
year;

3.
Copies
of
all
final
permits
issued,
denied,
modified,
reissued
or
terminated;

4.
The
following
closure/
post­
closure
data:

a.
Copies
of
the
public
notices
announcing
receipt
of
closure/
post­
closure
plans
and
public
hearings,
if
applicable;

b.
Copies
of
the
approved
closure
and
post­
closure
plans
for
all
facilities;

c.
Copies
of
the
closure
certifications
for
facilities
signed
by
an
independent
registered
professional
engineer
(
or
an
independent
qualified
soil
scientist
in
cases
of
land
treatment
facilities)
and
the
owner
or
operator;

d.
Copies
of
the
State's
reports
of
inspections
conducted
during
closure
and
after
receipt
of
closure
certification;
and
e.
Copies
of
any
notice
placed
in
the
property
deed,
or
other
instrument
that
is
normally
examined
during
a
title
search,
annotating
the
existence
of
any
closed
disposal
facility/
unit
or
cell.

The
State
may
request
technical
assistance
in
the
review
of
permit
applications,
draft
permits,
permit
modifications,
closure/
post­
closure
plans,
variances,
waivers,
etc.
EPA
will
honor
these
requests
as
resources
allow.
The
priorities
for
permitting
will
be
reviewed
annually.

Upon
EPA's
request,
the
State
agrees
to
provide
EPA
with
copies
of
reports
or
data
resulting
from
any
compliance
inspection
and
subsequent
enforcement
actions.

The
State
agrees
to
send
EPA
a
copy
of
each
State
decision
granting
any
waiver
or
variance,
within
the
scope
of
the
authorized
program,
at
the
time
such
request
is
granted.
8
The
State
agrees
to
provide
any
pertinent
information
requested
by
the
Regional
Administrator
or
his
designee
within
a
mutually
agreed
upon
time
frame
for
EPA
to
carry
out
its
oversight
responsibilities.
Unless
otherwise
specified,
the
above
information
will
be
sent
to:

U.
S.
Environmental
Protection
Agency
Region
III
Virginia
Program
Manager,
3WC21
1650
Arch
Street
Philadelphia,
PA
19103­
2029
In
accordance
with
the
provisions
of
40
CFR
§
§
271.14
and
124.10(
c)
the
State
agrees
to
develop
and
maintain
a
public
mailing
list
and
have
it
readily
available
for
EPA
before
public
notice
of
an
action
by
the
State
regarding
a
facility.
An
acceptable
list
may
be
specific
to
certain
facilities,
areas,
or
concerns;
or
the
list
may
be
a
general
State­
wide
list
used
in
all
cases.
This
list
should
be
kept
current
and
accurate.

D.
Obtaining
and
Sharing
Information
for
National
Data
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
such
data,
EPA
will
first
seek
to
gain
them
from
the
State,
which
agrees
to
supply
this
information
to
the
Regional
Administrator
if
readily
available
and
as
resources
allow.
If
the
State
is
unable
to
provide
the
information
or
if
it
is
necessary
to
supplement
the
State
information,
EPA
may
conduct
a
special
survey
or
perform
information
collection
site
visits
after
notifying
the
State.
EPA
will
share
with
the
State
any
national
reports
developed
by
EPA
as
a
result
of
such
information
collection.

E.
Emergency
Situations
Upon
receipt
of
any
information
that
the
handling,
storage,
treatment,
transportation,
or
disposal
of
hazardous
waste
is
endangering
human
health
or
the
environment,
the
Party
in
receipt
of
this
information
will
immediately
notify
the
other
Party
to
this
MOA
by
telephone
of
the
situation.

1.
For
the
State,
during
office
hours,
Department
of
Environmental
Quality
(
DEQ)
Central
Office,
804­
698­
4000
[
TDD
804­
698­
4021;
FAX
804­
698­
4500]
or
1­
800­
592­
5482,
after
hours
emergencies
contact
the
DEQ
regional
office
or
the
Department
of
Emergency
Management
(
DEM),
1­
800­
468­
8892.
DEQ
offices
and
DEM
offices
are
listed
in
the
blue
page
local
listing
section
of
the
telephone
directory.

2.
For
the
EPA,
the
twenty­
four
(
24)
hour
response
number
is
(
215)
814­
9016.
9
F.
Confidentiality
The
State
agrees
to
give
EPA
access
to
all
records
used
in
the
administration
of
the
program
requested
by
the
Regional
Administrator
which
are
deemed
necessary
by
EPA
to
review
and
evaluate
the
State
Program
and
enforcement.
The
Commonwealth
does
not
waive
any
privileges
it
may
assert
in
litigation
under
the
Federal
Rules
of
Civil
Procedure.

EPA
agrees
to
furnish
to
the
State
information
in
its
files
that
is
not
submitted
under
a
claim
of
business
confidentiality
and
which
the
State
needs
to
implement
its
program.
Subject
to
the
conditions
in
40
CFR
part
2,
EPA
will
furnish
the
State
information
submitted
to
EPA
under
a
claim
of
business
confidentiality
which
the
State
needs
to
implement
its
program.
All
information
EPA
agrees
to
transfer
to
the
State
will
be
transferred
in
accordance
with
the
requirements
of
40
CFR
part
2.

V.
PERMIT
ISSUANCE
A.
EPA
Permitting
Upon
authorization
of
the
State
Program,
EPA
will
suspend
issuance
of
Federal
permits
for
hazardous
waste
treatment,
storage,
and
disposal
facilities
for
which
the
State
is
receiving
authorization.
If
EPA
promulgates
standards
for
additional
regulations
mandated
by
HSWA
that
are
not
covered
by
the
State's
authorized
program,
EPA
will
issue
and
enforce
RCRA
permits
in
the
State
for
these
new
regulations
until
the
State
receives
final
authorization
for
equivalent
State
standards.

As
the
State
receives
authorization
for
additional
provisions
of
HSWA,
EPA
will
suspend
issuance
of
Federal
permits
in
the
State
for
those
provisions.
If
EPA
promulgates
new
standards
requiring
a
permit
modification,
EPA
may,
pursuant
to
40
CFR
§
270.42(
b)(
6)(
vii),
extend
the
time
period
for
final
approval
or
denial
of
a
modification
request
until
such
time
that
the
State
receives
authorization
for
the
new
standards.

EPA
will
transfer
any
pending
permit
applications,
completed
permits
or
pertinent
file
information
to
the
State
within
thirty
(
30)
days
of
the
approval
of
the
State
Program
or
other
mutually
agreed
upon
schedule
in
conformance
with
the
conditions
of
this
MOA.

B.
State
Permitting
The
State
is
responsible
for
expeditiously
drafting,
circulating
for
public
review
and
comment,
issuing,
modifying,
reissuing
and
terminating
RCRA
permits
for
those
hazardous
waste
treatment,
storage,
and
disposal
facilities
subject
to
the
authorized
provisions
of
the
State's
program.
The
State
will
do
so
in
a
manner
consistent
with
RCRA,
as
amended
by
HSWA,
this
MOA,
all
applicable
Federal
requirements,
the
State's
Program
Description,
the
Grant
Work
Plan,
and
other
State
requirements.
The
State
commits
to
meet
the
2005
GPRA
RCRA
permitting
goal,
which
requires
that
at
least
90%
of
existing
hazardous
waste
management
10
facilities
have
approved
controls
in
place
to
prevent
dangerous
releases
to
air,
soil
and
groundwater.

The
State's
permitting
process
will
conform
to
9
VAC
20­
60­
124
and
9
VAC
20­
60­
270,
which
are
analogous
to
40
CFR
parts
124
and
270.

The
State
agrees
to
issue,
modify
or
reissue
all
permits
contained
in
the
authorized
portions
of
the
State's
program
in
accordance
with
9
VAC
20­
60­
270,
which
is
analogous
to
40
CFR
part
270,
and
to
include
as
permit
conditions
all
applicable
provisions
of
9
VAC
20­
60­
264,
which
is
analogous
to
40
CFR
part
264.
This
MOA
also
applies
to
permits
issued
after
final
authorization,
but
for
which
the
processing
may
have
begun
before
final
authorization.

In
permits
issued
pursuant
to
the
State's
authorized
program,
the
Department
will
ensure
that
compliance
tasks
are
described
in
clear,
unambiguous
and
plain
language
to
the
extent
practicable.
The
compliance
tasks
should
be
clear,
measurable
and
definable
thereby
lending
themselves
to
greater
enforceability.
For
example:
"
Conduct
periodic
inspections"
should
be
replaced
with
"
Inspect
on
a
daily/
weekly/
biweekly/
monthly
basis.
A
log
book
documenting
inspections
will
be
maintained
at
the
facility
for
a
period
of
3
years."

The
State
agrees
that
any
compliance
schedule
contained
in
permits
it
issues
will
require
compliance
with
applicable
standards
as
soon
as
possible.

The
State
agrees
to
consider
all
comments
that
EPA
makes
on
permit
applications
and
draft
permits
before
issuing
the
permit
or
making
the
modification.
The
State
will
satisfy
or
refute
in
writing
any
EPA
written
comments
on
a
particular
permit
application,
proposed
permit
modification,
or
draft
permit
before
issuing
the
permit
or
making
the
modification.
In
addition,
the
State
agrees
not
to
issue
a
permit
or
approve
a
modification
in
dispute
until
the
Regional
Administrator
and
the
Director
have
exercised
the
dispute
process
in
Section
V.
C.
below.

The
State
agrees
that
no
permit
will
be
issued
unless
the
public
notice
requirements
are
met,
in
accordance
with
9
VAC
20­
60­
124.

The
State
agrees
to
submit
to
EPA
no
less
than
forty­
five
(
45)
days
prior
to
public
notice
those
draft
permits
or
proposed
permit
modifications
identified
for
oversight
in
the
Grant
Work
Plan.

The
State
agrees
to
submit
copies
of
all
final
permits
to
EPA
within
ten
(
10)
days
of
issuance.

C.
EPA
Review
of
State
Permits
In
accordance
with
40
CFR
§
271.19,
EPA
may
comment
on
any
draft
permit
or
proposed
permit
modification,
whether
or
not
EPA
commented
on
the
permit
application.
EPA
may
review
file
information
at
State
offices
or
request
a
copy
of
any
permit
application,
draft
permit
or
proposed
permit
modification,
statement
of
basis
or
fact
sheet,
and
any
supporting
documentation
that
was
considered
in
the
development
of
any
draft
permit.
The
State
will
provide
this
information
to
EPA
within
seven
(
7)
days
of
EPA's
request.
11
While
EPA
may
comment
on
any
permit
application,
draft
permit,
or
proposed
permit
modification,
EPA
will
focus
primarily
on
those
facilities
identified
by
the
State
or
EPA
in
the
Grant
Work
Plan
or
types
of
facilities
identified
as
a
priority
in
EPA
national
Guidance.

EPA
will
notify
the
State
of
its
intent
to
comment
on
a
State
draft
permit
or
proposed
permit
modification
within
thirty
(
30)
days
of
receipt.
EPA
will
comment
within
forty­
five
(
45)
days
of
receipt
or
will
request
an
extension
to
submit
those
comments
as
warranted.
Where
EPA
indicates
in
a
comment
that
issuance,
modification,
reissuance,
termination
or
denial
of
the
permit
would
be
inconsistent
with
the
approved
State
Program,
EPA
will
include
in
the
comment:

1.
A
statement
of
the
reasons
for
the
comment
(
including
the
section
of
the
State
law
or
regulations
that
support
the
comment),
and
2.
The
actions
that
should
be
taken
by
the
State
to
address
the
comments
(
including
the
conditions
which
the
permit
would
include
if
it
were
issued
by
EPA.)

Generally,
EPA
and
the
State
will
attempt
to
resolve
all
EPA
comments
on
an
informal
basis
before
a
final
action
is
taken
by
the
State.
If
this
is
not
successful,
EPA
will
submit
written
comments
to
the
State
in
accordance
with
40
CFR
§
271.19,
and
send
a
copy
of
those
comments
to
the
permit
applicant.
The
State
agrees
not
to
proceed
with
a
final
action
until
it
receives
EPA's
written
comments
and
resolves
EPA's
comments
as
described
below:

1.
The
State
and
EPA
will
attempt
to
reach
agreement
on
permit
conditions
in
dispute
before
the
State
issues
a
draft
permit
or
approves
proposed
permit
modifications
to
an
existing
permit.

2.
Whenever
there
is
a
disagreement
between
their
staffs
on
the
terms
of
any
RCRA
permit
to
be
issued
by
the
State,
the
Director
and
the
Regional
Administrator,
or
their
designees,
agree
to
confer
in
a
timely
manner
to
resolve
such
disagreement.
Unless
otherwise
agreed
to,
the
Director
and
the
Regional
Administrator,
or
their
designees,
will
work
toward
resolving
all
issues
within
thirty
(
30)
days
of
their
first
involvement
in
the
issues.

3.
EPA
will
withdraw
its
comments
in
writing
if
satisfied
that
the
State
has
met
or
refuted
its
concerns
in
writing
and
will
provide
the
permit
applicant
with
a
copy
of
such
withdrawal.

4.
If
the
Director
and
the
Regional
Administrator
are
unable
to
resolve
any
issue
for
which
EPA
cannot
withdraw
its
comment,
the
State
will
proceed
to
permit
issuance.
However,
in
accordance
with
40
CFR
§
271.19,
EPA
may
take
action
under
§
3008
of
RCRA
against
a
holder
of
a
State­
issued
permit
on
the
ground
that
the
permittee
is
not
complying
with
a
condition
that
the
Regional
Administrator,
in
commenting
on
that
permit
application,
draft
permit,
or
12
proposed
permit
modification,
stated
was
necessary
to
implement
approved
State
Program
requirements,
whether
or
not
that
condition
was
included
in
the
final
permit.

Under
§
3008(
a)(
3)
of
RCRA,
EPA
may
terminate
a
State­
issued
permit
in
accordance
with
the
procedures
of
40
CFR
part
124,
or
bring
an
enforcement
action
in
the
case
of
a
violation
of
a
State
Program
requirement.
In
exercising
these
authorities,
EPA
will
observe
the
conditions
established
in
40
CFR
§
271.19(
e),
and
any
other
applicable
authorities.

D.
Coordinated
Permitting
Process
The
State
and
EPA
agree
to
coordinate
the
issuance
of
permits,
including
joint
permits,
in
the
State
for
facilities
subject
to
those
provisions
of
HSWA
for
which
the
State
does
not
have
authorization.
In
accordance
with
§
3006(
c)(
3)
of
RCRA,
the
State
may
enter
into
an
agreement
with
the
Administrator
under
which
the
State
may
assist
in
the
administration
of
the
requirements
and
prohibitions
which
take
effect
pursuant
to
HSWA.
Details
of
coordinated
permitting
activities
will
be
set
forth
in
the
Grant
Work
Plan,
and
will
be
reviewed
and
revised
as
often
as
necessary,
but
no
less
often
than
annually
to
assure
their
continued
appropriateness.
Upon
authorization
of
the
State
for
a
permit­
related
provision
of
HSWA,
the
details
of
any
coordinated
permitting
activities
set
out
in
the
Grant
Work
Plan
will
be
amended
to
reflect
the
authorization.

EPA
oversight
of
State
corrective
action
decisions
will
be
performed
in
accordance
with
work
sharing
responsibilities
established
in
the
Grant
Work
Plan,
as
resources
allow.
The
State
agrees
to
work
cooperatively
with
EPA
in
achieving
EPA's
2005
GPRA
goals
for
corrective
action
environmental
indicators,
details
of
which
will
be
established
in
the
Grant
Work
Plan.
The
State
will
submit
to
EPA
copies
of
draft
corrective
action
decision
documents
(
e.
g.,
approvals
of
reports
and
work
plans,
disapproval
comment
letters,
permit
modifications,
permits
and
orders,
statements
of
basis
for
proposed
remedy
and
final
remedy
decisions)
within
seven
(
7)
days
of
EPA's
request.
The
State
will
consider
and
respond
to
EPA's
comments
on
final
corrective
action
decisions
and
will
submit
copies
of
all
final
corrective
action
decision
documents
to
EPA
within
seven
(
7)
days
of
issuance.

The
State
will
conduct
the
RCRA­
authorized
Corrective
Action
Program
in
a
manner
consistent
with
applicable
EPA
guidance
and
in
a
manner
that
promotes
rapid
achievement
of
cleanups,
while
protecting
human
health
and
the
environment.
Specifically,
the
State
will,
to
the
extent
practicable:

1.
adopt
flexible,
practical,
results­
based
approaches
that
focus
on
short­
term
control
of
human
exposure
and
migration
of
contaminated
groundwater,
with
the
longterm
goal
being
final
cleanup;

2.
provide
ready
public
access
to
information
and
meaningful
opportunities
for
public
involvement
in
the
cleanup
process;
and
13
3.
foster
innovation,
creativity,
communication
and
technical
expertise,
focusing
on
accelerating
cleanups
and
meeting
program
goals.

EPA
will
assist
the
State
with
all
aspects
of
the
RCRA
cleanup
program
and
support
its
efforts
to
conduct
faster,
focused
and
more
flexible
RCRA
cleanups.

VI.
PERMIT
ADMINISTRATION
A.
EPA
EPA
will
administer,
pursuant
to
40
CFR
parts
124
and
270,
the
RCRA
permits
or
portions
of
permits
it
has
issued
for
facilities
in
the
State
until
they
expire
or
are
terminated.
EPA
will
be
responsible
for
enforcing
the
terms
and
conditions
of
the
Federal
portions
of
the
permits
while
they
remain
in
force.
Prior
to
authorization
of
additional
authorities,
EPA
and
the
State
may
establish
interim
agreements
that
will
allow
State
work
sharing
activities.
When
the
State
either
incorporates
the
terms
and
conditions
of
the
Federal
permits
in
State
RCRA
permits,
or
issues
State
RCRA
permits
to
those
facilities,
EPA
will
terminate
those
permits
pursuant
to
40
CFR
parts
124
and
270.

B.
State
The
State
agrees
to
review
all
hazardous
waste
permits
that
were
issued
under
State
law
before
the
appropriate
effective
date
of
authorization
in
accordance
with
40
CFR
§
271.13(
d)
and
to
modify,
or
revoke
and
reissue,
those
permits
as
necessary
to
require
compliance
with
the
authorized
State
Program.
The
State
will
notify
EPA
of
any
permits
not
equivalent
to
Federal
permit
requirements,
including
any
permits
that
have
been
issued
but
are
pending
administrative
or
judicial
appeal.
Except
for
these
non­
equivalent
permits,
once
EPA
has
determined
that
the
State
has
fulfilled
the
requirements
of
40
CFR
§
271.13(
d),
EPA
will
terminate
the
applicable
Federal
permit,
or
Federal
portion
of
the
permit,
pursuant
to
the
procedures
in
40
CFR
§
124.5(
d),
notify
the
State
that
the
permit
is
terminated,
and
no
longer
administer
those
permits
or
portions
of
permits
for
which
the
State
is
authorized.

The
State
agrees
to
resolve
all
State
permit
appeals
in
a
manner
consistent
with
its
authorized
RCRA
program,
and
the
Virginia
Administrative
Process
Act
§
§
2.2­
4000
through
­
4033
of
the
Virginia
Code.

C.
Corrective
Action
Transition
Pursuant
to
its
authorized
program,
the
State
will
be
responsible
for
the
issuance
and
enforcement
of
any
new
corrective
action
permits.
EPA
will
continue
to
administer
and
enforce
corrective
action
permits
it
has
issued
until
they
expire
or
they
are
terminated
by
EPA
because
the
State
has
modified
or
issued
a
permit
that
is
not
less
stringent
than
EPA's
corrective
action
permit.
Administration
of
the
corrective
action
facility
universe
will
be
divided
between
EPA
and
the
State
in
a
manner
consistent
with
the
mutually
agreed
upon
Corrective
Action
Transition
Strategy
and
the
Grant
Work
Plan.
The
Grant
Work
Plan
will
revise
the
division
of
the
facility
universe
as
14
necessary
and
detail
the
work
to
be
performed
on
permit
issuance
and
corrective
action
work
sharing
activities.
The
State
agrees
to
work
cooperatively
with
EPA
to
meet
EPA's
share
of
the
2005
GPRA
goals
for
Corrective
Action
Environmental
Indicators,
the
details
of
which
will
be
established
in
the
Grant
Work
Plan.

Since
the
enactment
of
HSWA,
EPA
has
managed
all
RCRA
corrective
action
activities
in
the
State.
Immediately
after
authorization
of
the
State's
corrective
action
program
on
September
29,
2000,
EPA
began
the
transfer
of
RCRA
corrective
action
permit
responsibilities
and
workload
to
the
State.
EPA
will
continue
to
work
with
the
State
to
determine
when
and
how
best
to
accomplish
this
task
to
minimize
disruption
of
ongoing
corrective
action
work
and
to
achieve
the
best
possible
program
outcomes.
When
making
these
determinations,
EPA
and
the
State
will
consider
the
following
factors:

1.
EPA's
continued
authority
to
administer
EPA­
issued
corrective
action
permits
after
authorization,

2.
EPA's
investment
in
and
knowledge
of
ongoing
corrective
action
permit
activities
at
RCRA
facilities
in
the
State,

3.
the
need
to
attain
national
corrective
action
program
goals
established
under
the
GPRA,

4.
available
resources,

5.
skill
and
experience
in
the
State's
base
program
and
corrective
action
program,
and
6.
the
existence
of
EPA
corrective
action
authorities
beyond
those
related
to
permits
(
e.
g.,
RCRA
§
3008(
h)).

For
example,
major
decision
points
reached
in
the
administration
of
an
EPA
permit
(
e.
g.,
remedy
selection)
might
cause
EPA
to
consider
transferring
lead
permit
responsibility
to
the
State
for
the
next
phase
of
corrective
action.

Both
Parties
agree
to
continue
to
communicate
and
coordinate
their
respective
corrective
action
activities
at
RCRA
facilities.
Where
either
Party
can
offer
management,
programmatic
or
technical
assistance
to
assist
the
other
in
meeting
site­
specific
objectives
or
mutual
program
goals,
such
support
will
be
provided
to
the
extent
resources
and
competing
priorities
allow.
To
the
degree
possible,
specific
plans
and
expectations
to
coordinate
respective
corrective
action
activities
will
be
negotiated
in
RCRA
Grant
Work
Plans.

Site­
specific
corrective
action
work
sharing
activities
will
be
defined
in
the
State's
Grant
Work
Plan.

Once
high
priority
RCRA
sites
are
permitted
or
otherwise
addressed
and
it
is
determined
that
15
GPRA
goals
will
be
achieved,
facilities
with
medium
and
low
priorities
will
be
addressed.

EPA's
authorization
of
the
State's
corrective
action
program,
and
provisions
of
this
MOA,
relate
to
corrective
action
permitting
responsibilities
under
RCRA
§
§
3004(
u)
and
(
v).

VII.
VARIANCES,
WAIVERS,
AND
DELISTING
In
the
event
circumstances
arise
which
warrant
such
action,
the
State
may
exercise
the
variance
authorities
established
in
'
10.1­
1400
et
seq.
of
the
Code
of
Virginia
and
9
VAC
20­
60­
1370
through
9
VAC
20­
60­
1435.
The
State
agrees
to
provide
EPA
with
a
copy
of
each
State
decision
(
regarding
waivers,
variances
and
delisting
petitions,
etc.
as
provided
in
the
State
Program
at
the
time
such
requests
are
granted.
The
State
agrees
that
it
will
not
exercise
its
variance
authority,
including
emergency
administrative
orders,
unless
the
result
will
be
at
least
as
stringent
as,
and
consistent
with
the
Federal
program,
and
consistent
with
the
other
State
Programs.
The
State
agrees
that
no
variance
will
be
granted
unless
the
applicable
public
notice
requirements
are
met,
including
those
of
9
VAC
20­
60­
124
B.
9,
and
publication
in
the
Virginia
Register.

EPA
will
continue
to
process
delisting
petitions;
however,
EPA
agrees
to
include
the
State
in
all
pre­
petition
discussions
with
petitioners,
and
EPA
will
notify
the
State
within
7
days
of
receiving
an
official
petition
to
delist
a
waste
from
a
specific
facility
in
the
State,
pursuant
to
40
CFR
260.22.
The
Director,
or
his
designee,
will
inform
EPA
in
writing
of
the
State's
intent
to
participate
in
EPA's
review
and
evaluation
of
the
delisting
petition.
Delisting
petitioners
in
the
State
will
submit
delisting
petitions
to
the
Regional
Administrator
and
to
the
Director.
In
the
event
that
these
petitions
are
submitted
to
the
State
in
lieu
of
EPA,
the
State
will
retain
a
copy
and
immediately
forward
the
petition
to
EPA.
When
a
petition
is
submitted
to
EPA,
EPA
will
notify
the
petitioner
of
the
need
to
submit
a
copy
of
the
petition
to
the
State.
Should
EPA
require
the
assistance
of
the
State
in
the
review
of
the
petition,
this
work
sharing
activity
will
be
negotiated
at
the
time
the
annual
Grant
Work
Plan
is
being
negotiated,
or
subsequently
as
an
additional
element
to
be
added
to
or
substituted
into
the
work
plan.

EPA
will
notify
the
State
prior
to
publishing
a
proposed
delisting
determination
in
the
Federal
Register,
and
again
notify
the
State
when
the
final
determination
is
made.
A
copy
of
the
Federal
Register
Notice
announcing
EPA's
tentative
determination
will
be
provided
to
the
State.
EPA
will
notify
the
State
if
any
public
comments
are
received
on
EPA's
tentative
determination
and
provide
copies
if
requested.
As
necessary,
and
if
requested,
EPA
agrees
to
coordinate
with
the
State
in
the
development
of
any
response
to
comments.
A
copy
of
EPA's
final
determination
on
the
petition,
as
published
in
the
Federal
Register,
will
be
provided
to
the
State.
If
the
State
concurs
with
an
affirmative
EPA
decision
on
a
delisting
petition,
the
Director
agrees
to
follow
appropriate
state
procedures
to
officially
incorporate
EPA's
rulemaking
decision
into
the
State's
program.
When
EPA
approves
a
delisting
petition
after
the
appropriate
public
comment
period,
the
State
will
notify
the
facility
that
it
must
petition
the
State
for
a
variance
from
the
definition
of
hazardous
waste.
The
State
will
review
and
reach
a
case
decision
on
the
variance
requests
in
accordance
with
the
Virginia
Administrative
Process
Act
so
that
the
State
can
recognize
EPA's
approved
exclusion
until
such
time
as
the
State
is
able
to
propose
incorporation
of
the
exclusion
into
its
regulations
during
the
next
State
rulemaking
opportunity.
The
State
will
inform
the
16
Regional
Administrator
when
the
final
action
has
been
completed
in
accordance
with
the
Virginia
Administrative
Process
Act.

VIII.
COMPLIANCE
MONITORING
AND
ENFORCEMENT
Both
EPA
and
the
State
are
committed
to
maintaining
a
level
playing
field
and
establishing
a
credible
deterrence
to
noncompliance
throughout
the
regulated
community.
As
a
result,
EPA
and
the
State
will
work
together
to
develop
and
implement
a
plan
to
coordinate
compliance
monitoring
and
enforcement
activities.
These
activities
may
include
but
are
not
limited
to
identifying
Federal
and
State
priorities,
developing
and
implementing
inspection
targeting
methods,
developing
targeted
inspection
lists,
exchanging
information
regarding
ongoing
Federal
and
State
enforcement
actions
against
significant
noncompliers
(
SNCs)
and
Secondary
Violators
as
defined
in
EPA's
Hazardous
Waste
Civil
Enforcement
Response
Policy
dated
March
1996,
or
any
revisions
thereto,
and
VADEQ's
Enforcement
Manual.

Enforcement
and
compliance
monitoring
activities/
priorities
will
be
outlined
in
the
Office
of
Enforcement
and
Compliance
Assurance's
MOA
guidance.
EPA
and
the
State
will
negotiate
enforcement
and
compliance
monitoring
activities/
priorities
and
describe
them
in
the
State's
grant
Grant
Work
Plan.

A.
EPA
1.
Compliance
Monitoring
Nothing
in
the
MOA
will
restrict
EPA's
right
to
inspect
any
establishment
or
other
place
where
hazardous
wastes
are
or
have
been
generated,
stored,
treated,
transported
from
or
disposed
of,
or
to
bring
an
enforcement
action
against
any
person
believed
to
be
in
violation
of
the
State
or
Federal
hazardous
waste
program
or
to
exercise
its
authority
under
§
§
3008(
h),
3013,
and/
or
7003
of
RCRA.
Before
conducting
any
such
inspection
of
a
regulated
facility,
EPA
will
attempt
to
give
the
State
at
least
seven
days
notice
of
EPA's
intent
to
inspect
in
accordance
with
40
CFR
§
271.8(
b)(
3)(
i).
Based
on
exigent
circumstances,
EPA
may
shorten
this
period.
The
State
may
participate
in
all
inspections
EPA
conducts.
EPA
will
coordinate
oversight
and
training
inspections
with
the
State.

In
an
effort
to
improve
enforcement
coordination
and
clarify
roles
and
responsibilities
between
EPA
and
the
State,
the
lead
agency
of
an
inspection
will
routinely
be
the
lead
in
any
enforcement
action
to
address
RCRA
violations
discovered
during
the
inspection.
However,
it
is
recognized
that
it
may
be
more
appropriate
in
some
cases
to
defer
enforcement
action
to
the
other
agency.
Discussion
and
mutual
agreement
will
be
sought
in
such
cases.

2.
Enforcement
EPA
may
take
enforcement
action
against
any
person
determined
to
be
in
violation
of
RCRA
in
accordance
with
§
3008
of
RCRA.
EPA
may
also
take
enforcement
action
upon
determining
that
the
State
has
not
taken
timely
or
appropriate
enforcement
in
a
manner
consistent
with
EPA's
17
Hazardous
Waste
Civil
Enforcement
Response
Policy
dated
March
1996,
or
any
revision
thereto.
EPA
reserves
its
right
to
take
independent
enforcement
actions
in
the
State.
When
the
State
refers
an
enforcement
case
to
EPA,
the
Agency
will
review
the
information
provided
and
determine
the
appropriate
Federal
action,
if
any.
Before
issuing
a
complaint,
compliance
order
or
referral
to
the
Department
of
Justice,
EPA
will
give
notice
to
the
State.

After
notice
to
the
State,
EPA
may
take
action
pursuant
to
RCRA
§
3008,
including
action
against
the
holder
of
a
State­
issued
permit,
on
the
ground
that
the
permittee
is
not
complying
with
a
condition
of
that
permit.
In
addition,
EPA
may
take
action
under
§
3008
of
RCRA
against
a
holder
of
a
State­
issued
permit
on
the
ground
that
the
permittee
is
not
complying
with
a
condition
that
the
Regional
Administrator,
in
commenting
on
that
permit
application
or
draft
permit,
stated
was
necessary
to
implement
approved
State
Program
requirements,
whether
or
not
that
condition
was
included
in
the
final
permit.
EPA
may
take
action
under
RCRA
§
3008
in
a
manner
consistent
with
EPA's
Hazardous
Waste
Civil
Enforcement
Response
Policy
dated
March
1996
or
any
revisions
thereto,
or
the
EPA
Region
III
Non­
Compliance
Response
Policy
for
RCRA,
Oil
and
EPCRA/
CERCLA
Section
103.

Under
§
3008(
a)(
3)
of
RCRA,
EPA
may
terminate
a
State­
issued
permit
in
accordance
with
the
procedures
of
40
CFR
part
124
or
bring
an
enforcement
action
in
the
case
of
a
violation
of
a
State
Program
requirement.
In
exercising
these
authorities,
EPA
will
observe
the
conditions
established
in
40
CFR
§
271.19(
e)
and
any
other
applicable
authorities.

EPA
may
exercise
its
authorities
in
accordance
with
RCRA
§
§
3008(
h),
3013,
and
7003.
EPA
and
the
State
will
negotiate
the
lead
agency
for
oversight.
In
the
Grant
Work
Plan,
facilities
will
be
prioritized
and
oversight
activities
established.

B.
State
1.
Compliance
Monitoring
The
State
agrees
to
carry
out
a
timely
and
effective
program
for
monitoring
compliance
of
regulated
hazardous
waste
facilities
with
applicable
program
requirements
(
see
40
CFR
§
271.15).
As
part
of
this
program,
the
State
will
conduct
compliance
inspections
to
assess
compliance
with
hazardous
waste
regulations,
permit
requirements,
compliance
schedules,
and
all
other
program
requirements.
State­
specific
activities
and
priorities
for
compliance
monitoring
will
also
be
included
in
the
Grant
Work
Plan.

2.
Enforcement
The
State
agrees
to
take
timely
and
appropriate
enforcement
action
and
agrees
to
make
significant
noncomplier
(
SNC)
determinations
in
a
manner
consistent
with
EPA's
Hazardous
Waste
Civil
Enforcement
Response
Policy
dated
March
1996,
or
any
revisions
thereto,
and
in
accordance
with
VADEQ's
Enforcement
Manual,
against
all
persons
in
violation
of
hazardous
waste
regulations,
permit
requirements,
compliance
schedules,
and
all
other
program
requirements.
18
The
State
will
maintain
procedures
for
receiving
and
ensuring
proper
consideration
of
information
about
violations
submitted
by
the
public.
The
State
agrees
to
retain
all
records
for
at
least
three
years,
unless
there
is
an
enforcement
action
pending.
In
that
case,
all
records
will
be
retained
for
three
years
after
the
action
is
resolved.

IX.
EFFECTIVE
DATE
The
Parties
are
executing
this
MOA
because
the
State
has
revised
its
program
and
amended
its
regulations
to
incorporate
changes
to
the
Federal
regulations
through
June
30,
2001.
The
State
has
initiated
this
Revision
II
of
its
authorization
under
40
CFR
§
271.21
to
seek
approval
of
the
amended
program.
This
MOA
will
be
signed
by
the
Director
and
the
Regional
Administrator
and
will
become
effective
at
the
time
the
State's
authorization
takes
effect,
which
will
be
the
date
set
out
in
the
Federal
Register
notice
of
the
Regional
Administrator's
decision
to
grant
authorization
to
the
State.

COMMONWEALTH
U.
S.
ENVIRONMENTAL
PROTECTION
AGENCY
OF
VIRGINIA
REGION
III
DEPARTMENT
OF
ENVIRONMENTAL
QUALITY
BY:
/
s/
Robert
G.
Burnley
BY:
/
s/
Donald
S.
Welsh
TITLE:
Director
TITLE:
Regional
Administrator
DATE:
5/
3/
05
DATE:
4/
13/
06
