United States
Environmental Protection
Agency
Solid Wasle and
Emergent;^ Response
(53.05W)
EPA530-F-96-OO9
March 1996
Office of Solid Waste
vvEPA
Environmental
Fact Sheet
AGENCY REOPENS CORRECTIVE ACTION FOR
SOLID WASTE MANAGEMENT |NiTs AT
HAZARDOUS WASTE MANAGEMENT FACILITIES
The Environmental Protection Agency (EPA) is[opening a dialogue on-the RCRA
corrective action program in an effort to identify^and develop improvements to the :
. ..< protectiyehess, responsiveness, speed, and efficiency of corrective action cleanups
and to focus the corrective action program on environmental results. This notice
introduces EPA's strategy for development of corrective action regulations and
.-'-. guidance, requests comments on a broad range. $f corrective action issues, provides
a status report on the corrective action program^ and emphasizes areas of flexibility
within current corrective action implementation;
Background
In the 1984 Hazardous and Solid Waste Amendments (HSWA) jLp the Resource Conservation
and Recovery Act (RCRA), Congress directed EPA to require corrective action (cleanup) for all
releases of hazardous waste and hazardous constituents from solid waste, management units at
facilities seeking RCRA permits. Solid waste management units include any unit in which solid
wastes have been managed at any time. Facilities seeking RGRA permits include facilities at which
hazardous wastes are treated, stored, or disposed. .- I-
Since 1984, EPA and authorized states have made considerable progress in implementing the
corrective action requirements, but, despite this progress, the overall! implementation of the pro-
gram has been subject to considerable criticism. States, environmental groups, and the regulated
community have raised many concerns, including: slow progress in achieving cleanup or other
environmental results; an emphasis, on process and reports over actujil work in the field; unrealistic,
impractical or overly conservative cleanup goals; and, lack of meaningful public participation.
While EPA believes many of these concerns have been overstated, it! recognizes that the time has
come-for a fundamental, re-evaluation of the corrective action program.
In 1990, EPA proposed detailed corrective action regulations, ^though very little of the 1990
proposal was finalized, it is often used as guidance.
Action
The Agency is requesting comments on a broad range of corrective action issues including:
general implementation of the corrective action program and suggestions for improvement, consis-
tency with the Superfund program, voluntary cleanup, future land use, points of compliance,
expanding opportunities for public participation, measuring and enforcing corrective action perfor-
mance standards, and state authorization. Comments also are solicited on the 1990 proposal,
especially concerning which, if any, portions of the 1990 proposal should be finalized, which
-------
should be modified and reproposed, and which* should be addressed in guidance rather than
regulation.
This notice, also contains a general status report on the corrective action program (and other
developments since 1990), highlights of some successful corrective action approaches pioneered by
states and EPA regions, and a description of existing program flexibility.
EPA has the benefit of more than 10 years experience in corrective action implementation.
The Agency is committed to using this experience to develop, and implement program improve-
ments. EPA's objectives in improving the corrective action program include: creating a consistent,
holistic approach to cleanup at RCRA facilities;' establishing protective^- practical cleanup expecta-
tions; shifting more of the responsibilities for achieving cleanup to those responsible for the con-
tamination; streamlining corrective action and reducing costs; and, enhancing opportunities for
timely, meaningful public participation.
Comnients, submitted in response to this notice will be used to help EPA identify and prioritize
program development activities, including development of corrective action guidance,, policy and
regulations. The action is the first step in EPA's effort to improve the corrective action program.
EPA hopes to continue its dialogue with interested stakeholders throughout this effort.
EPA is interested in comments and suggestions for improvements to the corrective action
program from all stakeholders and interested parties. The Agency is especially interested in
comments based on actual corrective action implementation experiences. ;
For More Information
The Federal Register notice and this fact sheet are available in electronic format on the Internet
through the EPA public Access Server. Additional information and paper copies of this notice can
be obtained by calling the RCRA Hotline at 800-424-9346 outside the Washington, B.C. area, or
703-412-9810 in the Washington, B.C. area'or TBB 800-553-7672 (for the hearing impaired). A
list of supporting documents for the ANPR and copies of these documents may be obtained by
writing the RCRA Information center (RIG), U.S. Environmental Protection Agency, Office of Solid
waste (5305W), 401 M Street SW, Washington, BC 20460.
------- |