United States Environmental
Protection Agency
Solid Waste and Emergency
Response (5305W)
EPA530-F-01-001
January 2001
http://vwvw.epa.gov/osw
Office of Solid Waste
&EPA RCRA CLEANUP REFORMS
Reforms II: Fostering Creative Solutions
The U.S. Environmental Protection Agency (EPA) is implementing a second set of administrative
reforms to accelerate the cleanup of hazardous waste facilities regulated under the Resource
Conservation and Recovery Act (RCRA). EPA 's 1999 Reforms promoted faster, focused, more
flexible cleanups. The 2001 Reforms reinforce and build upon the 1999 Reforms and will pilot
innovative approaches, accelerate changes in culture, connect communities to cleanup, and
capitalize on redevelopment potential, while maintaining protection of human health and the
environment.
Why Is EPA Reforming the RCRA
Corrective Action Program?
The goals for the RCRA Corrective Action program
remain very challenging. To more effectively meet these
goals and speed up the pace of cleanups, EPA introduced
RCRA Cleanup Reforms in 1999 and is implementing
additional Reforms in 2001. The 1999 and 2001 Reforms
build upon actions taken by EPA and the states in recent
years to accelerate cleanups. EPA believes that the 1999
Reforms remain central to successful implementation of
the program. The 1999 Reforms were designed to:
• Focus the program more effectively on
achievement of environmental results, rather
than fulfillment of unnecessary steps in a
bureaucratic process;
• Foster maximum use of program flexibility and
practical approaches to achieve program goals;
• Enhance public access to cleanup information
and improve opportunity for public involvement
in the cleanup process.
The 1999 Reforms set the near-term focus of the
program on attainment of the two Environmental
Indicators and established an environment for program
implementors to be innovative and results-oriented. The
1999 Reforms have successfully led the program toward
faster, focused, more flexible cleanups. An example of
progress since 1997 is the increase, from 47 to 504, in the
number of RCRA cleanup facilities meeting both
Environmental Indicators.
What are the Goals of the RCRA Corrective Action
Program?
EPA has established two near-term goals, termed
"Environmental Indicators," for the RCRA Corrective
Action program. These goals, developed under the
Government Performance and Results Act (GPRA), are that
by 2005, the states and EPA will verify and document that
95 percent of the 1,714 RCRA cleanup facilities under
GPRA focus will have "current human exposures under
control," and 70 percent of these facilities will have
"migration of contaminated groundwater under control."
The long-term goal of the program is to achieve final
cleanup at all RCRA corrective action facilities.
In 2000, EPA held a series of meetings with program
implementors and stakeholders, including representatives
from tribes, federal and state agencies, regulated
industry, and environmental and community groups, to
discuss program impediments, successful approaches and
ideas for 2001 Cleanup Reforms. Central ideas that
emerged include the importance of: (1) reinforcing and
building upon the 1999 Reforms; (2) empowering
program implementors to try new approaches at the site
level; and (3) using frequent, informal communication
throughout the cleanup process.
What Are the RCRA Cleanup
Reforms of 2001 ?
The RCRA Cleanup Reforms of 2001 highlight those
activities that EPA believes would best accelerate
program progress and foster creative solutions. The 2001
Reforms reflect the ideas EPA heard from program
-------
implementors and stakeholders and introduce new
initiatives to reinforce and build upon the 1999 Reforms.
Specifically, the 2001 Reforms will:
• Pilot innovative approaches;
• Accelerate changes in culture;
• Connect communities to cleanups;
• Capitalize on redevelopment potential.
The 2001 Reforms include just some of the innovative
approaches that have been identified by program
implementors and stakeholders. EPA intends to
continue work in other areas critical to meeting program
goals. In particular, we seek to: continue a dialogue with
interested parties on groundwater cleanup and other
issues relating to final cleanup; provide guidance tailored
to cleanup at facilities with limited resources to pay for
cleanup; and, continue to work with federally-owned
facilities to help them meet their Environmental
Indicator goals. Similarly, we encourage program
implementors and stakeholders to use approaches that
improve the program yet are not specifically included in
the RCRA Cleanup Reforms.
I. Pilot innovative approaches.
The RCRA Cleanup Reforms Pilot Program will
support state and EPA Regional Offices in their efforts
to use innovative, results-orientated and protective
approaches to speed achievement of Environmental
Indicator goals and final cleanup. Stakeholders are
encouraged to contact state and EPA Regional Offices
with their pilot ideas.
EPA has set a target of 25 pilot projects to be launched
in 2001. EPA expects at least one pilot project in each
EPA Region, administered by the state or EPA. EPA
will showcase pilot projects to share successes and lessons
learned and to promote use of similar approaches at
other facilities. EPA recommends that stakeholders
consider pilot projects in one or more areas. Examples
include pilots that:
S Achieve program goals most effectively at
companies with multiple facilities;
S Improve stakeholder involvement and
communication to resolve issues where cleanup
progress is slow;
S Use site characterization technologies or
strategies that efficiently assess Environmental
Indicators;
S Enhance the use of protective and accountable
state non-RCRA Cleanup programs to achieve
program goals;
S Establish EPA Regional or state "corrective
action expediters" to focus on cleanups that are
stalled or delayed;
S Expedite achievement of program goals at
federally-owned facilities;
S Use Superfund or emergency authorities at
RCRA sites for bankrupt or unwilling facilities.
What is the RCRA Corrective Action Program?
In 1980, when the RCRA law and regulations went into
effect, thousands of facilities became subject to hazardous
waste management regulations. These regulations helped
ensure that hazardous waste generated from ongoing
industrial operations is properly managed and does not
contribute to a future generation of toxic waste sites.
However, many of these facilities had soil and groundwater
contamination resulting from their waste management
practices prior to 1980. The RCRA Corrective Action
program addresses cleanup of past and present
contamination at these operating industrial facilities.
Who Runs the RCRA Corrective Action Program?
The RCRA Corrective Action program is run by both EPA
and the states, with 38 states and territories authorized to
implement the program. Corrective action is conducted
under RCRA permits, orders and other approaches.
II. Accelerate changes in culture.
EPA will help program implementors and stakeholders
accelerate changes in the culture in which they
implement the program by: focusing on results over
process; encouraging frequent, informal communication
among stakeholders; encouraging partnerships in
training; promoting methods of information exchange;
and, using new approaches to meet Environmental
Indicator and long-term cleanup goals. EPA will:
• Promote nationwide dialogue among program
implementors and stakeholders on RCRA cleanups.
EPA Regional Offices will work with states in an
effort to hold at least one meeting in 2001 in each
EPA Region, open to all stakeholders who wish to
interact, provide input, or learn more about the
RCRA Corrective Action program. Discussion
topics could cover local, regional or national topics
relevant to corrective action.
-------
• Conduct targeted training in partnership with program
implementors and stakeholders. EPA will work with
interested parties to deliver targeted training,
depending upon the needs of those requesting the
training and available resources. Training topics
could cover, for example: innovative technical and
administrative approaches to cleanup; success stories
and lessons learned from implementation of the 1999
Cleanup Reforms; Corrective Action program
basics; and use of performance-based approaches to
corrective action.
• Use web-based communication to share successes and
lessons learned and promote innovative approaches.
EPA will support the establishment of a web-based
interactive tool to promote sharing of successes and
lessons learned and to provide for frequent exchange
of ideas among all stakeholders on any corrective
action topic, including those that are technical,
policy-oriented or site-specific.
• Overcome barriers to achieving Environmental
Indicators. EPA will clarify the relationship between
Environmental Indicators and final cleanups and
how Environmental Indicators can be met within
the context of existing orders and permits. EPA will
answer "Frequently Asked Questions" about
Environmental Indicators, and issue technical
guidance on ways to assess the impacts of
contaminated groundwater on surface water and
indoor air quality. In addition, EPA will
demonstrate new uses of enforcement tools to
achieve Environmental Indicators.
Focus on Results
The RCRA Cleanup Reforms foster creative, practical,
results-based approaches to corrective action. In the field,
this means:
• Providing tailored oversight. Eliminate administrative or
technical steps where not needed to assure effective
performance.
• Using holistic approaches. Evaluate facilities for overall
risk and apply appropriate facility-wide corrective
action measures.
• Exercising procedural flexibility. Emphasize results over
mechanistic process steps and eliminate unproductive
activities.
• Setting performance standards. Establish clear protective
standards the owner/operator must fulfill to complete
corrective action.
• Targeting data collection. Examine actual conditions at
each facility to design data requirements as needed to
support corrective action decisions.
III. Connect communities to cleanups.
EPA will provide the public with more effective access
to cleanup information. EPA seeks to increase public
interest in and awareness of cleanup activities, and to
further enhance the public's ability to become more
involved in decisions about cleanups in communities.
EPA will:
• Clarify principles and expectations for public
involvement in corrective action cleanups. EPA will
set out general principles and expectations for
providing the public with the opportunity to become
involved at corrective action sites. EPA also will
share examples of successful public involvement
approaches that have been used at RCRA cleanup
sites and lessons learned.
• Increase support of Technical Outreach Services for
Communities (TOSC). The TOSC program provides
communities with technical and educational
assistance from universities on issues associated with
cleanup of hazardous sites. EPA will provide
resources to the TOSC program for community
involvement at RCRA cleanup sites and advertise the
availability of this program.
• Place Environmental Indicator evaluation forms and
cleanup summaries on EPA web sites. EPA will place
Environmental Indicator evaluation forms and
summaries of cleanup activities of 1,714 RCRA
facilities on the web sites of EPA Regional Offices.
The evaluation forms and summaries will provide
readily available information on the status of cleanup
at these sites.
• Publicize and promote the use of readily accessible
cleanup information sources. EPA will produce and
distribute a pamphlet for the general public that
explains how to access RCRA Corrective Action
program information and site-specific cleanup
information.
IV. Capitalize on redevelopment
potential.
EPA encourages program implementors and
stakeholders to capitalize on the redevelopment potential
of RCRA cleanup sites. Many of these sites are located in
areas that are attractive for redevelopment and are poised
for community revitalization. These factors can
-------
motivate interested parties to pursue an expedited
cleanup, sometimes with additional resources. EPA will:
• Initiate A dditional R CRA Brownfields Pilots. EPA
will launch 4-6 additional RCRA Brownfields pilot
projects in 2001. These pilots will be designed to
showcase the flexibility of RCRA and the use of
redevelopment potential to expedite or enhance
cleanups. Pilot applicants could be program
implementors or stakeholders. Pilot participants also
benefit from RCRA brownfields expertise. Limited
funding may become available for EPA to conduct
public meetings and related activities.
• Initiate the Targeted Site Effort (TSE) Program to spur
cleanup at RCRA sites with significant
redevelopment/reuse potential. EPA will ask each
Regional Office to identify two sites for the TSE in
2001. The TSE program will apply to sites that have
significant redevelopment/reuse potential, and
require a limited amount of extra EPA support to
help spur cleanup. The TSE program will provide
participants with focused attention and access to
RCRA brownfields expertise. Limited funding may
be available for EPA to conduct public meetings and
related activities.
• Provide training and outreach to program
implementors on using redevelopment potential to meet
program goals. EPA will provide training and
outreach to program implementors and stakeholders
to promote the environmental and community
benefits that can be gained by integrating brownfields
redevelopment opportunities and RCRA facility
cleanups.
• Promote cleanup and redevelopment with RCRA
"Comfort/Status"Letters. "Comfort/status" letters
provide information regarding EPA's intent to
exercise its RCRA corrective action response and
enforcement authorities at a cleanup site. EPA will
issue examples of letters that have been used to spur
cleanup and redevelopment at RCRA facilities.
How Will EPA Measure the Results
of the Reforms?
Measuring and recording the results of the RCRA
Cleanup Reforms is a priority for EPA and the states to
ensure continued improvement of the Corrective Action
program. EPA will measure progress in putting the
reforms into practice. EPA recognizes program
implementors are using new approaches that may or
may not be highlighted in the Cleanup Reforms, and will
measure progress under these approaches as well. While
the ultimate goal of the Corrective Action program is to
achieve final cleanups, EPA will continue to measure the
near-term success of the program against its
Environmental Indicator goals for controlling human
exposure and migration of contaminated groundwater.
How Will EPA Involve
Stakeholders in Implementing the
Reforms?
EPA will provide periodic updates on the RCRA
Cleanup Reforms and solicit input from stakeholders
through several means, including focus meetings, Federal
Register notices, the RCRA Corrective Action
Newsletter, Internet postings, and press releases.
EPA seeks continuous feedback from all stakeholders on
the need for additional reforms beyond those already
underway. EPA values and appreciates the feedback and
interest of all stakeholders. However, limited resources
may not allow us to respond individually. Based on
stakeholder input and our ongoing assessment of the
program, we will continue to refine and add to the
RCRA Cleanup Reforms, as needed, and will
communicate program changes.
If you would like to provide written comments on the
RCRA Cleanup Reforms, please mail your comments to:
RCRA Information Center (5305W), U.S.
Environmental Protection Agency, Ariel Rios Building,
1200 Pennsylvania Avenue, NW, Washington, DC,
20460-0002, or send an email to the RCRA docket at
rcra-docket@epa.gov. Please include the following
number on all correspondence, written or e-mailed, to
the RCRA Information Center: F-2001-CRII-FFFFF.
For More Information
For information on corrective action cleanups, please
visit state and EPA Regional web sites, which can be
linked via the EPA corrective action web site at
http://www.epa.gov/correctiveaction. The EPA
corrective action web site has the latest and more
detailed information on the RCRA Cleanup Reforms.
If you have questions regarding the RCRA Cleanup
Reforms, please call the RCRA Hotline at 800-424-9346
or TDD 800-553-7672, or visit their web site at
http://www.epa.gov/epaoswer/hotline/index.htm.
------- |