United States Environmental
                       Protection Agency
Solid Waste
and Emergency Response
(5305W)
EPA530-F-99-018
July 1999
&EPA          RCRA  CLEANUP  REFORMS

                        Faster, Focused,  More Flexible Cleanups

                        The U.S. Environmental Protection Agency (EPA) is implementing a set of administrative reforms, known as
                        the RCRA Cleanup Reforms, to the Resource Conservation and Recovery Act (RCRA) Corrective Action program.
                        The reforms are designed to achieve faster, more efficient cleanups atRCRA sites that treat, store, or dispose of
                        hazardous waste and have potential environmental contamination. Although these reforms will emphasize
                       flexibility and trying new approaches to clean up these facilities, EPA and the states will continue to ensure
                       protection of human health and the environment.
Why Is  EPA  Doing the
RCRA Cleanup Reforms?

When the RCRA law and regulations governing proper
hazardous waste management went into effect around
1980, thousands of facilities became newly subject to
these federal regulations.This RCRA regulatory structure
has 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 exist-
ing soil and groundwater contamination resulting from
historical waste management practices.The RCRA
Corrective Action program addresses cleanup of existing
contamination at these operating industrial facilities.

Congress, the general public, EPA, and state agencies all
believe the pace and progress of RCRA cleanups must
be increased. In reviewing the program, EPA and other
stakeholders identified several factors that -were imped-
ing timely and cost-effective RCRA cleanups. In some
instances, RCRA cleanups have suffered from an empha-
sis on process steps and a lack of clarity in cleanup
objectives.An additional complication is that the appli-
cation of certain RCRA requirements, such as the land
disposal restrictions (LDR), minimum technological
requirements, and permitting, can create impediments to
cleanup.

What Are the RCRA Cleanup
Reforms?
The RCRA Cleanup Reforms are EPA's comprehensive
effort to address the key impediments to cleanups, maxi-
mize program flexibility, and spur progress toward a set
of ambitious national cleanup goals.The national
cleanup goals focus on 1,712 RCRA facilities identified
by EPA and the states warranting attention over the next
several years because of the potential for unacceptable
exposure to pollutants and/or for groundwater contami-
nation. The goals, set by EPA under the Government
Performance and Results Act (GPRA), are that by 2005,
the states and EPA will verify and document that 95 per-
cent of these 1,712 RCRA facilities will have "current
human exposures under control," and 70 percent of
these facilities will have "migration of contaminated
groundwater under control."To ensure that these ambi-
tious goals are achieved, the RCRA Cleanup Reforms out-
line aggressive national cleanup goals for each of the
next several years. Implementation of the proposed
reforms will help us achieve the national RCRA cleanup
goals. Specifically, the RCRA Cleanup Reforms will:
National Cleanup Goals
(Number of Facilities "with Cleanup
Measures Verified per Year)

Year

1999
2000
2001
2002
2003
2004
2005
Current Human
Exposures
Controlled
172
172
172
172
257
257
255
Groundwater
Contamination
Controlled
84
172
172
172
172
172
172
Total 1629* 1200*
by 2005 (95%) (70%)
Includes facilities verified prior to 1999

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*  Provide new results-oriented cleanup guidance with
   clear objectives.

*  Foster maximum use of program flexibility and prac-
   tical approaches through training, outreach, and new
   uses of enforcement tools.

•  Enhance community involvement including greater
   public access to information on cleanup progress.

These reforms are described in more detail at the end of
this feet sheet.The reform efforts are intended to build
on actions taken by EPA and the states in recent years to
accelerate cleanups, such as:

•  The May 1,1996, Advance Notice of Proposed
   Rulemaking (ANPR, 61 FR 19432) which contains the
   Agency's latest guidance for the corrective action
   program and identifies a number of flexible cleanup
   approaches.

•  Recent promulgation of the the Hazardous
   Remediation Waste Management Requirements
   ("HWIR-Media," 63 FR 65874, November 30,1998)
   which, among other tilings, create streamlined RCRA
   permits for cleanup wastes, release "cleanup only"
   facilities from requirement to conduct facility-wide
   corrective action, and allow for temporary "staging
   piles" that have flexible design and operating
   requirements.

•  Recent promulgation of the Post-Closure Regulation
   (63 FR 56710, October 22,1998) which provides
   flexibility to EPA and authorized states by removing
   the requirement that interim status facilities obtain a
   permit for the post-closure care of a waste manage-
   ment unit when other enforcement documents are
   used, and harmonizing the sometimes duplicative clo-
   sure and corrective action requirements.

•  The Land Disposal Restrictions Standards for
   Contaminated Soils (63 FR 28617, May 26,1998)
   which better tailor RCRA's LDRs to contaminated
   soils managed during cleanups.


How Will the Success of the

Reforms Be Measured?
While the ultimate goal of RCRA Corrective Action is to
achieve completed cleanups, we will measure the near-
term success of the program and reforms against the
GPRA goals and annual cleanup targets for verifying that
current human exposures are under control and migra-
tion of contaminated groundwater is under control (see
table on preceding page). Measuring and recording our
progress toward these goals will be a top priority for EPA
and the states over the next several years.
How Will EPA Involve

Stakeholders

In the Reforms?
We will provide periodic updates on the RCRA Cleanup
Reforms and solicit input from stakeholders through sev-
eral means including focus meetings, Federal Register
notices, the new RCRA Corrective Action newsletter,
Internet postings, and press releases. EPA seeks continu-
ous feedback from all stakeholders on the need for addi-
tional reforms beyond those already underway. While the
Agency values and appreciates the feedback and interest
of all stakeholders, limited resources will not allow us to
respond individually to those who provide input on the
RCRA Cleanup Reforms.All input will be seriously con-
sidered by EPA, however. Based on stakeholder input and
our ongoing assessment of the program, we will contin-
ue to refine the RCRA Cleanup Reforms, add reforms as
needed, and communicate program changes including
those resulting from stakeholder input.

For  More Information
If you have questions regarding these reforms, please
call the RCRA Hotline  at 800-424-9346.You may
also e-mail your questions via our Web site at
.
   The RCRA Corrective Action program is run jointly by
     EPA and the states, with 33 states and territories
         authorized to implement the program.
       Corrective action is conducted under RCRA
         permits, orders and other approaches.
If you would like to provide written feedback on the
Reforms, please mail them to the RCRA Information
Center (5305W), USEPA, 401 M St., SW,Washington, DC
20460 or, e-mail to . Please
include the following number on all correspondence,
written or e-mailed, to the RCRA Information Center: F-
1999-CURA-FFFFF.

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                         RCRA  Cleanup  Reforms
                           EPA is Implementing the following reforms
          to help streamline RCRA cleanups and meet the national cleanup goals
I. Provide new results-oriented cleanup guidance
  with clear objectives

   EPA will issue a Federal Register notice concern-
   ing the operating guidance for the corrective
   action program. EPA also will issue several guid-
   ance documents to emphasize use of flexibility in
   the corrective action process, consistent mea-
   sures for determining when a site has met correc-
   tive action goals, and to provide a more
   consistent basis for groundwater use decisions.

a.  Notice Concerning 1990 Subpart S Proposal

   In an upcoming Federal Register notice, EPA
   plans to announce its intention not to take final
   action on most of the provisions of the July 27,
   1990, proposed Subpart S rule. Provisions of
   Subpart S which have been finalized (e.g.,
   Corrective Action Management Units) will remain
   in effect.This notice is intended to eliminate
   uncertainty for states and owner/operators creat-
   ed by the potential promulgation of detailed fed-
   eral regulations, thereby clearing the -way for
   implementation of more flexible corrective
   action approaches. In the  notice, EPA plans to
   clarify that the Agency does not intend to finalize
   a process-oriented corrective action approach,
   and to confirm that the 1996 Advanced Notice of
   Proposed Rulemaking remains the primary cor-
   rective action program guidance.

b. Corrective Action Guidance

1. Environmental Indicators Guidance and
   Implementation

   The two corrective action Environmental
   Indicators—Current Human Exposures under
   Control and Migration of Contaminated
   Groundwater under Control—are measures of
   program progress and are being used to meet the
   goals set under the Government Performance and
   Results Act.This guidance, issued in February
    1999, describes how to determine if these mea-
   sures have been met.

   These Environmental Indicators are  designed to
   aid site decision makers by clearly showing
   where risk reduction is necessary, thereby help-
   ing regulators and facility owner/operators reach
   agreement earlier on stabilization measures or
   cleanup remedies that must be implemented.
   Focusing on the Environmental Indicators should
   also help reduce delays in the  review of cleanup
   work plans and allow owner/operators and regu-
   lators to concentrate on those problems that
   potentially pose significant risks.
2.  Results-Based Approaches for RCRA Corrective
   Action

   This guidance "will stress that results-based approach-
   es -which emphasize outcomes and eliminate unnec-
   essary process steps, should be a significant part of
   state/regional corrective action programs in order to
   meet the GPRA goals and to move facilities toward
   the longer-term goal of final facility cleanup. Results-
   based approaches include setting cleanup goals, pro-
   viding procedural flexibility in how goals are met,
   inviting innovative technical approaches, focusing
   data collection, and letting owner/operators under-
   take cleanup action with reduced Agency oversight,
   where appropriate. Under such approaches,
   owner/operators focus on environmental results and
   the most technologically efficient means of achiev-
   ing them while still being  held fully accountable.

3.  Corrective Action Completion Guidance

   This guidance will discuss how to document com-
   pletion of corrective action at facilities. It will
   address: termination of permits and interim status
   where corrective action is complete; how to deter-
   mine that corrective action is complete  at part of a
   facility; and the importance of public involvement in
   corrective action. This  guidance will provide for a
   more predictable completion process and provide
   facility owner/operators with reasonable assurance
   that regulatory activities can be completed at their
   facility.

4.  The Role of Groundwater Use in RCRA         ;
   Corrective Action

   This guidance is intended to provide more certainty
   about cleanup objectives and expectations with
   respect to groundwater remediation. It will include
   recommendations on how to account for current
   and reasonably expected uses of groundwater when
   implementing interim  and final RCRA corrective
   action remedies.

II.  Foster Maximum Use  of Program Flexibility  and
    Practical Approaches  through Training, Outreach,
   And New Uses of Enforcement Tools

   Through outreach and training, EPA will encourage
   maximum appropriate use of the existing flexibility
   in the corrective action program and prompt
   implementation  of recent rules offering regulatory
   flexibility.

a.  Prompt Implementation of the HWIR-Media
   and Post-Closure Rules

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   EPA will strongly encourage states to expedi-
   tiously incorporate the Hazardous Remediation
   Waste Management Requirements (HWIR-Media)
   and Post-Closure regulations into their programs.
   As more states adopt and implement the flexibil-
   ity in the HWIR Media rule, Post Closure rule,
   and the alternative soil treatment standards pro-
   mulgated under LDR Phase TV, impediments to
   cleanup will be reduced.This is because these
   rules limit the applicability in certain cleanup
   situations of some RCRA requirements such as
   land disposal restrictions, minimum technologi-
   cal requirements, and permitting, or provide
   alternative requirements more tailored to
   cleanup situations.

b. Maximize Practical Approaches and Use All
   Appropriate Authorities to Expedite Cleanup

   The national EPA program office will reach out
   to the EPA regions, states, and external stake-
   holders to emphasize the importance of environ-
   mental results in the corrective action program.
   EPA will place a priority on authorizing addition-
   al states to implement corrective action or
   enhancing work sharing arrangements with
   states that are not authorized for the program.
   With the RCRA Cleanup Reforms we hope to
   develop a new atmosphere of partnership and
   cooperation among regulatory authorities, indus-
   try, and stakeholders

   We will encourage regulators to use a broad
   spectrum of approaches to expedite corrective
   action and achieve GPRA goals. These approach-
   es include new uses of enforcement tools to cre-
   ate incentives for cleanup at facilities with
   cooperative owners as well as to compel
   cleanups at  facilities where collaborative
   approaches  have not yielded results.

c.  Provide Comprehensive Training on Successful
    Cleanup Approaches

   EPA has launched a comprehensive training
   effort on Results-Based Corrective Action, which
   features a three-clay workshop offered to EPA
   Regions and states in 1999 and 2000.An Internet
   version of this training is also being developed
   for release.The training will emphasize to cor-
   rective action regulators the flexibility in exist-
   ing policies  and regulations. EPA and State
   regulators will learn from their peers about
   innovative, successful approaches that are speed-
   ing cleanups now at corrective action sites.The
   training emphasizes using a Conceptual Site
   Model and Environmental Indicators to help focus
   corrective action activity at sites.This comprehen-
   sive training effort will help EPA and State regula-
   tors make maximum use of the flexibility inherent
   in the corrective action program and to adopt more
   streamlined approaches  for accelerating cleanups.
IDE. Enhance Community Involvement Including,
    Greater Public Access to Information on
    Cleanup Progress

a.  Emphasize Public Involvement in RCRA
    Cleanups

   Some of the clear benefits of meaningful public
   involvement include: letting the public know from
   the onset that their opinions are valued and can
   influence decision making; learning from the public
   about past environmental problems associated with
   the facility; gaining an understanding of current as
   well as future land use plans; and avoiding delays
   which can arise late in the remedy selection
   process when the public has not been adequately
   engaged.

   EPA will continue to emphasize the importance of
   meaningful public involvement throughout RCRA
   cleanups. EPA's  commitment to meaningful public
   involvement was described in the  1996 Advance
   Notice of Proposed Rulemaking and is part of the
   central theme of effective communication that is
   interwoven throughout the corrective action train-
   ing effort. In addition, public involvement is the
   focus of the RCRA Public Participation Training
   which is now under development and will be
   offered to regions and states. EPA will also convene
   workshops with stakeholders later this year.
   Through these workshops we hope to better
   understand the public's  concerns as well as gather
   suggestions for further improvements to the correc-
   tive action program.

b.  Provide Detailed Information on Cleanup Progress

   EPA will post information on cleanup progress for
   individual facilities on the Internet. With this infor-
   mation, we hope to generate greater public interest
   and awareness in corrective action at individual
   facilities, thereby enhancing the ability of the com-
   munity to become more involved in decisions
   about the cleanup.This information will allow
   stakeholders to monitor progress at facilities in
   their area as well as overall progress in the correc-
   tive action program. Information is available at:
   .

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