DSHW-2009-016928 - 0901a06880157388

Michael O. Leavitt
Governor
Dianne R. Nielson, Ph.D.
Executive Director
Dennis R. Downs
Director
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State of Utah
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF SOLID AND HAZARDOUS WASTE
288 North 1460 West
P.O. Box 144880
Salt Lake City, Utah 84114-4880
[phone] Voice
[phone] Fax
[phone] T.D.D.
October 11, 1995
Mr. Ali Kahn
Environmental Engineer
Acquisition Environmental Management
ASC/EM(D)
Building 8
1801 Tenth Street, Suite 2
Wright-Patterson AFB, OH 45433-7626
Dear Mr. Kahn:
With the pending sale of the U.S. Air Force Plant 78 (AFP78) to Thiokol Corporation, you have
requested information regarding the relationship between the State of Utah and the USEPA. The
State of Utah is fiilly authorized by the USEPA to carry out the hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). The Utah Division of Solid and Hazardous
Waste (DSHW) is charged by the State to implement that program. The State RCRA program
according to federal and state law must be at least as stringent as the federal program and in a few
specific cases, is found to be more stringent. Utah initially received final authorization in October,
1984.
The DSHW oversees all RCRA designated facilities within the state. The USEPA retains the right
to oversee the Utah program and is a partner in many projects carried out within the state. Enclosed
in this letter are copies of the October 14,1994 Federal Register outlining the authorization and the
Memorandum of Agreement between the DSHW and the USEPA. This agreement outlines the duties
of the respective parties and is negotiated and updated annually.
The DSHW is aware of the Solid Waste Management Units (SWMUs) located at AFP78 and has
reviewed and commented on the draft Environmental Baseline Survey (EBS) prepared by your office.
While slight refinements in some of the SWMU designations might be warranted, the DSHW agrees
that this document covers all of the known hazardous waste sites at AFP78.
The DSHW also has a specific agreement with the State of Utah Division of Environmental Response
and Remediation (DERR) regarding the sites listed in the EBS as falling under
mm.
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CERCLA authority. As long as Thiokol remains a viable company, DSHW will oversee all SWMUs
at the faciUty. This includes all oversight of hazardous waste management, corrective action, and
closure of SWMUs at AFP78.
If you have any questions regarding this letter, please call Otis Willoughby at 801-538-6170.
Sincerely,
s~ Dennis R. Downs, Executive Secretary
Utah Solid and Hazardous Waste Control Board
DRD\OHW\ow
John C. Bailey, M.D., M.S.P.H., Health Officer/Department Director,
Bear River District Health Dept.
Frank Walker, Thiokol Corporation
Mindy Mohr, USEPA
MEMORANDUM OF AGREEMENT BETWEEN
THE STATE OF UTAH
AND
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION Vm
I. GENERAL
This Memorandum of Agreement (hereinafter "Agreement") establishes policies,
responsibilities, and procedures pursuant to 40 CFR 271.8 for the State of Utah Hazardous
Waste program (hereinafter "State Program") authorized under Section 3006 of the Resource
Conservation and Recovery Act (hereinafter "RCRA or "the Act") of 1976 (42 USC 6901 et
seq.), as amended (Public laws 94-580, 96-482, 98-616), and the United States Environmental
Protection Agency (hereinafter EPA) Regional Office for Region VIII. This Agreement further
sets forth the manner in which the State and EPA will coordinate in the State's administration
and enforcement of the State program and, pending State authorization, EPA's administration
of the provisions of the Hazardous and Solid Waste Amendments of 1984 (HSWA). For
purposes of this Agreement, references to "RCRA" include HSWA.
This Agreement is entered into by the Executive Secretary of the Utah Solid and
Hazardous Waste Control Board (hereinafter "Executive Secretary" or "the State") and the
Regional Administrator, EPA Region VIII (hereinafter "Regional Administrator" or "EPA").
Nothing in this Agreement shall be construed to restrict in any way EPA's authority to
fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this Agreement
shall be construed to contravene any provision of 40 CFR 271.
The parties will review the Agreement jointly at least once a year (and other times as
appropriate) during preparation of the annual State Grant 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 modifications made or for any other purpose mutually agreed
upon. Any revisions or modifications to this Agreement must be in writing and must be signed
by the State and the Regional Administrator. This Agreement will remain in effect until such
time as State program authorization is withdrawn by or is voluntarily transferred to EPA
according to the criteria and procedures established in 40 CFR 271.22 and 40 CFR 271.23.
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overview, compliance and enforcement overview, corrective action, and annual 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
comments received by the Regional Administrator will be provided to the State.
To ensure effective program review, the State agrees to allow EPA access to all files and
other information requested by the Regional Administrator or his or her designee and deemed
necessary by EPA for reviewing State program administration and enforcement.
Review of Utah Division of Solid and Hazardous Waste files may be scheduled at
quarterly intervals. Program review meetings between the State and the Regional Administrator
or their assignees 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
concems.
These meetings will be scheduled at least fifteen days in advance unless agreed to
differently. A tentative agenda for the meeting will be prepared by EPA.
B. Identification of Priority Activities
The State and EPA agree to develop, on an annual basis as a part of the State Grant
Work Program, a list of priority activities, including activities regarding handlers of hazardous
waste. This list will be based on state-identified priorities, guidance issued by EPA in the
annual Agency Operating Year Guidance, and other guidance documents as may be appropriate,
and will serve to identify those activities which should receive the highest priority during the
grant period.
Examples of activities which could be considered high priority will include, but not be
limited to, facilities to be inspected, high priority corrective action sites, facilities to be
permitted, and enforcement against facilities with known or suspected ground-water
contamination.
IV. INFORMATION SHARING
A. General
As the national hazardous waste program matures, the respective roles and responsibilities
in this State/Federal partnership will become clearer. As the respective information needs of
the State and EPA evolve, changes to this section of the Agreement may be appropriate. During
the annual review of this Agreement, the State and the Regional Administrator will carefully
examine the following information-sharing provisions for needed revision.
B. EPA
1. EPA will keep the State informed of the content and meaning of Federal statutes,
regulations, guidelines, standards, policy decisions, directives, and any other factors that
affect the State program. EPA will also provide general technical guidance to the State.
EPA will share with the State any national reports developed by EPA from the data
submitted through State reporting requirements.
2. The State and EPA have agreed to a joint permitting process (see Section V.D of this
Agreement). Under this process the State and EPA have established policies and
procedures by which each will pursue their respective and/or joint responsibilities under
HSWA. • _
The State and EPA agree to the sharing of information as specified under "V.D Joint
Permitting Process" and the annual State Grant Work Program. Specifically included
shall be the procedures for sharing and coordinating the exchange of information on the
following:
a. Part A and Part B permit applications, whether received prior to the effective date
of this Agreement or subsequent to the effective date of this Agreement and whether
first received by the State or EPA;
b. Such other information necessary to support the foregoing information;
c. Copies of draft permits, proposed permit modifications, public notices;
d. Copies of final permits and permit modifications; and
e. Notices of permit denials.
3. EPA agrees to make available to the State copies of any reports and data resulting from
compliance inspections within sixty days of completion of the inspections.
4. EPA agrees to provide the State with notification information from EPA Form 8700-12
obtained prior to the effective date of this Agreement if such information has not already
been provided to the State. The Director and EPA shall agree on the format in which the
information will be provided and the information will be provided within thirty days of
the effective date of this Agreement. EPA will also forward, on a monthly basis,
notification information (including newly assigned EPA identification numbers) submitted
by persons in the State who file such forms after the effective date of this Agreement.
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This information will be.submitted to the Director within 10 days of the end of each
month for the preceding month.
5. EPA agrees to assign EPA identification numbers to generators and transporters and to
owners and operators of hazardous waste treatment, storage and disposal facilities
submitting notifications after the effective date of this Agreement. Pursuant to section
3010 and according to agreements between EPA and the State, the State is responsible for
receiving, processing, and verifying information on notification forms (Form 8700-12) and
for forwarding such information to EPA for the assignment of EPA identification
numbers. EPA agrees not to acknowledge to notifiers any change in existing notifications
or RCRA Part A permit applications unless the State informs EPA that such changes
should be made.
6. EPA will make available to the State other relevant information as requested which the
State needs to implement its approved program. Information provided to the State will
be subject to the terms of 40 CFR Part 2.
C. State
1. The State agrees to inform the Regional Administrator in advance of any proposed
prograni changes which would affect the State's ability to implement the authorized
program. Program changes of concem include modification 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 (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.
2. Annually, through development of the State Grant Work Program, EPA and the State will
agree on the type and frequency of reports the State will make in order for EPA to
maintain oversight of the implementation of the State's authorized program. Such
reporting shall include, but not be limited to, the following:
a. Compliance monitoring and enforcement information;
b. Information indicating the status of the State's permitting, financial, closure, post-
closure, and ground-water monitoring and corrective action activities, RCRIS
activities; and
c. Various reports designed to accurately describe the status of the State's authorized
program including biennial reports summarizing the quantities and types of hazardous
waste generated, transported, treated, stored and disposed in the State.
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The State agrees to provide EPA with a copy of any decisions regarding requests made
by hazardous waste handlers to change their classifications (e.g., requests to be deleted
as generators but to retain facility status) and facility requests to make on-site changes
prior to permit issuance (e.g., requests to handle ad(litional wastes not identified on the
facility's original notification and RCRA Part A Permit Application.)
le State agrees to provide EPA with copies of reports on data resulting from any
impliance inspection and subsequent enforcement actions, when EPA requests such
pies.
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copies
5. The State agrees to provide EPA with a copy of each State decision regarding variances,
waivers or delisting petitions at the time such requests are granted.
6. The state agrees to provide any pertinent information requested by the Regional
Administrator or his/her designee within a mutually agreed upon time frame, as necessary
for EPA to carry out its overview responsibilities. Only employees of the Environmental
Protection Agency may be designees of the Regional Administrator. Unless otherwise
agreed upon, the above information shall be sent to the Director of the Hazardous Waste
Management Division, U.S. Environmental Protection Agency, Region VIII, One Denver
Place, 999 - 18* Street, Suite 500, Denver, Colorado 80202-2466.
D. 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 States. The State of Utah agrees to supply the Regional Administrator with
this information 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 such information shall immediately notify by telephone the other party(ies) to this Agreement
of the existence of such situation. The State twenty-four hour emergency response number is
[phone].
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F. Confidentiality
1. Any information obtained or used in the administration of the State program shall be
available to EPA upon request without restriction. If the information has been submitted
to the State under a claim of confidentiality, the State must submit that claim to EPA
when providing information. Any information obtained from the State and subject to a
claim of confidentiality will be treated in accordance with the regulations in 40 CFR Part
2.
2. EPA agrees to furnish to the State information in its files which is not submitted under
a claim of 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 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. EPA will notify affected facilities when such
information is sent to the State.
V. PERMIT ISSUANCE
A. EPA Penhittmg
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. The State will issue permits with respect to such provisions. EPA will transfer
any pending permit application, completed permits, or pertinent file information to the State as
specified in the Transition Strategy within a timeframe mutually agreed upon after the approval
of the State program.
Whenever EPA adds permitting standards for processes not currently covered by State
regulations, EPA will process and enforce RCRA permits in the State in the new areas until the
State receives final authorization for tliem. At the time the State program is approved in the new
areas, EPA will suspend issuance of Federal permits in the State. EPA will also transfer any
pending permit applications, completed permits or pertinent file informafion to the State within
thirty days of the approval of the State program in conformance with the conditions of this
Agreement.
The State and EPA have agreed to a joint permitting process (see section V.D of this
Agreement) for the joint processing and enforcement of permits for those provisions of HSWA
for which the State does not have authorization. As the State receives authorization for
additional provisions of the HSWA, EPA will suspend issuance of Federal permits in the State
for those provisions.
B. EPA Overview of State Permits
While EPA may comment on any permit application or draft permit, EPA's overview
function will focus primarily on those facilifies identified by the State and EPA in the State's
annual State Grant Work Program and the State's Program Description.
EPA may comment in writing on any draft permit or proposed permit modification,
whether or not EPA commented on the permit application, any time before the termination of
the public comment period. 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 shall include in the comment:
a. a statement of the reasons for the comment (including the section of the State law or
regulations that supports the comment), and
b. the actions that should be taken by the State in order to address the comment
(including the conditions which the permit would include if it were issued by EPA).
EPA shall send a copy of its written comments to the permit applicant. EPA shall
withdraw such comments when satisfied that the State has met or refuted its concems and shall
also provide the permit applicant with a copy of such withdrawal. If EPA concems are not
addressed to EPA's satisfaction, EPA may take action pursuant to 40 CFR 271.19(e).
Under section 3008(a)(3) of RCRA, EPA may terminate a State-issued permit in
accordance with the procedures of 40 CFR 124, Subpart E, or bring an enforcement action in
accordance with the procedures of 40 CFR Part 22 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).
C. State Permitting
Except with respect to permits or portions of permits involving provisions of the HSWA
for which the State is not authorized, the State is responsible for expeditiously drafting,
circulating forpublic review and comment, issuing, modifying, reissuing and terminating RCRA
permits for those hazardous waste treatment, storage and disposal facilities contained in the
authorized provisions of the State's program and shall do so in a manner consistent with RCRA
as amended by HSWA, this Agreement, all applicable Federal requirements, and the State's
Program Description. The State agrees to issue, modify, and reissue all permits for which it has
responsibility in accordance with the Utah Solid and Hazardous Waste Act, 19-6-101 through
19-6-123 of the Utah Code Annotated, the Utah Hazardous Waste Management Regulations and
the Utah Rulemaking Act, 63-46a-l through 63-46a-16 of the Utah Code Annotated, and to
include as permit conditions all applicable provisions of the Utah Hazardous Waste Management
Regulations. This agreement also applies to permits issued after final authorization but for
which the processing may have begun before final authorization.
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The State will apply the follo.wing procedures to each permit as stipulated in Parts 270 and
124 under RCRA: The requirement for a 45-day public comment period on draft permits, as
specified in 40 CFR 124.10; the Requirement to give public nbtice of the issuance of emergency
permits, as specified in 40 CFR 270.61; and the requirement to broadcast notice of permit
actions over local radio stations (since radio stations are privately owned businesses and are
independent enteiprises, this requirement will be satisfied by the State delivering notice of
intended permit actions to the local news program departments for two stations, one in the
affected region and one with statewide coverage).
Except with respect to permits or portions of permits involving provisions of the HSWA
for which the State is not authorized, the State will issue permits after receiving authorization.
For purposes of establishing an efficient transferral of permit writing during the transition of
State authorization, EPA and the State will work jointiy on the completion of permits or portions
of permits upon which EPA has been working.
The State agrees that any compliance schedules contained in permits it issues will require
compliance with applicable standards as soon as possible. The State will specify requirements
for setting milestones and require monthly status reports during compliance schedules.
The State agrees to consider all comments EPA makes on permit applications and draft
permits. The^State will satisfy or refute EPA's concems on a particular permit application,
proposed permit modification, or draft permit in writing before issuing the permit or making the
modification. If EPA concems are not addressed, EPA may take action pursuant to 40 CFR
271.19(e).
D. Joint Permitting Process
Pursuant to section 3006(g)(1), and in accordance with the Hazardous and Solid Waste
Amendments of 1984, EPA has the authority to issue or deny permits or portions of permits to
facilities in Utah for the requirements and prohibitions in or stemming from HSWA until the
State's program is amended to reflect those requirements and prohibitions and authorization is
received for the portion or portions of the program.
EPA and the State of Utah hereby establish this joint permitting process for the issuance
of RCRA permits in Utah. This joint permitting process is established in accordance with
section 3006(c)(3) of RCRA. The details of the joint permitting process shall be incoqx)rated
into the annual State Grant Work Program. The duties and responsibilities of EPA and the State
for joint permitting shall also be specified in the annual State Grant Work Program.
The details of the joint permitting process as contained in the State Grant Work Program
shall be reviewed and revised as often as necessary, but no less often than annually to assure its
continued appropriateness.
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U}X)n authorization of the State for any of the provisions of HSWA, the specifics of the
Joint Permitting Agreement as set in the annual State Grant Work Program shall be amended to
reflect the authorization. Amendment of this Memorandum of Agreement or the execution of
a separate Memorandum of Agreement may be required for authorization of any of the
provisions of HSWA.
VI. PERMIT ADMINISTRATION
A. EPA
Under the authority of R315-3-11(g) and (h) of the Utah Administrative Code, the State
will administer all permits issued either by EPA or by the State except that EPA will administer
the RCRA permits or portions of permits it has issued to facilities in the State until they expire
or are terminated. EPA will be responsible for enforcing the terms and conditions of the Federal
permits while they remain in force. 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 Part 270 and rely on the State to enforce
those terms and conditions subject to the terms of an acceptable Utah/EPA Hazardous Waste
Enforcement Agreement. For information requests under 3007, EPA will submit a draft copy
of the letter to^the state for comments prior to sending it to any person or entity located in Utah.
B. State
The State agrees to review all hazardous waste permits which were issued under State law
prior to the effective date of this Agreement and to modify or revoke and reissue such permits
as necessary to require compliance with the amended State Program.
The State agrees to expiditiously modify or revoke and reissue these State permits as RCRA
permits, if necessary, in accordance with the State Grant Work Program.
VII. COMPLIANCE MONITORING AND ENFORCEMENT
A. EPA
Nothing in this Agreement shall restrict EPA's right to inspect any hazardous waste
generator, transporter or facility or bring enforcement action against any person believed to be
in violation of the State or Federal hazardous waste program or believed to have a release of
hazardous waste or constituent. Before conducting an inspection of a generator, transporter or
facility, EPA will give the State at least thirty days notice of the intent to inspect in accordance
with the EPA/State of Utah Enforcement Agreement. If the State performs a compliance
inspection and submits to EPA a report and data relevant thereto within that time, no EPA
inspection will be made, unless the Regional Administrator deems the State report and data to
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be inadequate. In case of an imminent hazard to human health and the environment, the
Regional Administrator may shorten or waive the notice period.
The frequency of EPA oversight and training inspections will be specified in the annual
State grant work program. EPA will negotiate on an annual basis with the State the number or
percentage of the State's compliance inspections on which EPA will accompany the State.
EPA may take enforcement action against any person determined to be in violation of
RCRA in accordance with section 3008(a)(2). In accordance with the EPA/Utah Enforcement
Agreement, EPA may take enforcement action upon determining that the State has not taken
timely and appropriate enforcement action. EPA may also take enforcement action upon request
by the State or for any violation of any hazardous waste program requirements of 40 CFR, Parts
260 through 279, not adopted by the Utah Solid and Hazardous Waste Control Board and made
a part of R315 of the Utah Administrative Code. Prior to issuing any enforcement action, EPA
will give thirty days notice to the State. In accordance with the EPA/Utah Enforcement
Agreement, EPA may issue orders and bring actions under sections 3008(h), 3013 and 7003 of
RCRA and any other applicable Federal statute. After notice to the State, EPA may take action
under section 3008 of RCRA against a holder of a hazardous waste permit on the grounds that
the permittee is not complying with a condition of that permit, In addition, EPA, after
consultation with the State, may take action under section 3(X)8 of RCRA against a holder of a
State-issued permit on the grounds that the permittee is not complying with a condition that the
Regional Administrator, in commenting on that permit application or draft permit, stated was
necessary to implement approved State program requirements, whether or not that condition was
included in the final permit.
B. State
The State agrees to carry out a timely and effective program for monitoring compliance
by generators, transporters, and facilities with applicable program requirements (see 40 CFR
271.15). As part of this program, the State will conduct inspections to assess compliance with
generator and transporter standards (including manifest requirements), facility standards, permit
requirements, compliance schedules, and all other program requirements. Compliance
monitoring activities and priorities will be specified in the State/EPA Enforcement Agreement
and the annual State grant work program and shall be consistent with all applicable Federal
requirements and with the State's Program Description.
EPA will inspect non-delegated HSWA portions of RCRA facilities at least once annually.
The State will be notified of any such inspections at least thirty calendar days in advance of the
inspections, and will be given the opportunity to take the lead for the inspection. Individuals
in the State program may be designated EPA representatives for the purpose of inspecting EPA
permitted facilities.
The State agrees to take timely and appropriate enforcement action as defined in the
Utah/EPA Enforcement Agreement or annual State grant work program against all persons in
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violation of generator and transporter standards (including manifest requirements), facility
standards, permit requirements, compliance schedules, corrective action conditions, and all other
program requirements, including violations detected by State or Federal compliance inspections.
The State will maintain procedures for receiving and ensuring proper consideration or
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 such action is resolved.
VIII. AVAILABILITY OF INFORMATION (section 3006(0)
A. General
Section 3006(f) of RCRA provides that States may be authorized by the Administrator
under this section if the State program provides for the public availability of information
obtained by the State regarding facilities and sites for treatment, storage and disposal of
hazardous waste; and that such information is available to the public in substantially the same
manner, and to the same degree, as would be the case if the Administrator were carrying out
the provisions of this subtitle in the State. Standards and procedures for access to records
managed by the Department of Environmental Quality that relate to a delegated program (e.g.,
RCRA) are contained in Utah Code Annotated 19-1-306, Title 63, Chapter 2, Government
Records Access and Management Act, and implementing rules in R305-1, Utah Administrative
Code.
B. Requests for Information
1. Pursuant to the Federal Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(2), the
State Program shall make certain materials routinely available without a formal FOIA
request. Examples of these materials are final opinions or orders in case adjudication,
State regulations, statements of Agency policy, and administrative staff manuals affecting
the public. In addition, records prepared for routine public distribution will also be made
available. Examples of such records are press releases, copies of speeches, pamphlets,
and educational materials.
2. The State Program shall make reasonable efforts to assist a requestor in identifying
records being sought, and to help the requestor formulate his or her request.
3. If a request for information is denied, the State Program shall provide the requestor the
basis for the denial and the requestor's rights of appeal as provided in Utah Code
Annotated 63-2-205, (Government Records Access and Management Act).
4. The State agrees to make the fullest possible disclosure of records to the public, subject
to any of the exemptions recognized under the Utah Government Records Access and
Management Act, 63-2-101, et seq, Utah Code Annotated.
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5. The State may fulfill an information (record) request without charging a fee in conformity
with 63-2-203, Utah Code Annotated, Government Records Access and Management Act.
C. Confidentiality of Business Information
If a claim of confidentiality is asserted and cannot be resolved in the time period provided
for an agency response to a request, the State shall follow the procedures established in Utah
Code Annotated 63-2-204 and 63-2-401.
D. Oversight
1. The State agrees to keep a log of denials of requests for information (or a file containing
copies of denial letters sent to requestors) which are available to EPA during the State
review.
2. The State agrees to keep EPA fully informed of any proposed modifications to its basic
statutory or regulatory authority, its forms, procedures, or priorities, as applied to section
3006(f).
STATE OF UTAH U.S. ENVIRONMENTAL PROTECTION
AGENCY
DIVISION OF SOLID & HAZARDOUS
WASTE
BY:
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REGION Vni
DATE: 4- /Vcrc^^F-1^^4
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