United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5305W)
PB96-207 204
EPA530-R-96-039
oEPA
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
RCRA Corrective Action
Updated July 1996
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DISCLAIMER
This document was developed by Booz-AIlen & Hamilton Inc. under contract 68-W6-0016 to EPA. It is intended
to be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference tool on Hotline
calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This document
is not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any
party in litigation with the United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area) (800)424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Standard Time,
Monday through Friday, except for federal holidays.
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RCRA CORRECTIVE ACTION
CONTENTS
1. Introduction 1
2. Regulatory Summary 3
2.1 Authorities 3
2.2 Existing Regulations 5
2.3 Entering the Corrective Action Process 5
2.4 The Corrective Action Process '. 6
2.5 Financial Assurance 9
2.6 Remediation Waste : 10
3. Special Issues 13
3.1 Corrective Action vs. Post-Closure Permits 13
3.2 RCRA/CERCLA Interaction 13
4. Regulatory Developments 15
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RCRA Corrective Action -1
1. INTRODUCTION
This module discusses the regulatory and statutory requirements and authorities
governing the Resource Conservation and Recovery Act (RCRA) corrective action
process. The corrective action program is a cleanup program designed to ensure the
remediation of hazardous releases associated with RCRA-regulated facilities. EPA
enforces the program principally through the statutory authorities established by the
Hazardous and Solid Waste Amendments of 1984 (HSWA). There are minimal
regulatory requirements at present, but the Agency has issued a proposed rule (55 FR
30798; July 27, 1990) that would establish a comprehensive regulatory framework for
implementing the corrective action program. This proposed rule and other
guidance developed pursuant to statutory authorities are used to structure
corrective action requirements in facility permits and orders. This module describes
the current statutory and regulatory structure and discusses the future of the
proposed rule.
When you have completed this training module you will understand the purpose
and application of the corrective action program. Specifically, you will be able to:
• .List the statutory authorities for corrective action and explain their
application
• Identify the existing regulatory authorities for corrective action, and explain
their application
• Describe the four primary triggers for corrective action
' N
• Describe the six main stages of the corrective action process
• Define terms that are specific to the corrective action process (e.g., solid waste
management unit, action levels)
• Identify the proposed corrective action regulations and the schedule for a
final rulemaking
• Assess whether or not financial assurance is required for corrective action
• Describe how the corrective action program can apply to generators and other
facilities that do not require a permit.
Use this list of objectives to check your knowledge of this topic after you complete
the training session.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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2 - RCRA Corrective Action
The information in this document is not by any means a complete representation of EPA s regulations or policies,
, but is an introduction to the topic used for Hotline training purposes.
-------
RCRA Corrective Action - 3
2. REGULATORY SUMMARY
Prior to HSWA's enactment, EPA had limited authority to require remediation or
corrective action measures at facilities regulated under RCRA. Statutory authority
was limited to §7003, which gives EPA authority to take action when contamination
presents an imminent hazard to human health or the environment. Regulatory
authority was limited to 40 CFR Part 264, Subpart F. Subpart F only addressed
releases of hazardous waste from regulated units into the uppermost aquifer (see the
module entitled Ground water Monitoring for details).
HSWA added statutory provisions to RCRA that gave EPA substantial statutory
authority to develop 'a broader corrective action program. These provisions include:
• Section 3008(h) - provides authority to require corrective action at interim
status facilities
• Section 3004(u) - requires corrective action be addressed as a condition of a
facility's Part B permit
• Section 3004(v) - provides authority to require corrective action for releases
migrating beyond the facility boundary.
These corrective action authorities are implemented on a case-by-case basis in
facility permits or orders issued by EPA (§§264.101,270.1(c), and 270.14(d)). EPA has
not promulgated a comprehensive regulatory program describing the corrective
action process. Currently, the corrective action process is defined by various policy
and guidance documents. EPA promulgated special regulations regarding the
management of remediation wastes generated during corrective action (§§264.552
and 264.553).
2.1 AUTHORITIES
The statutory authorities for RCRA corrective action as amended by HSWA follow.
A brief description of each authority's application is provided.
IMMINENT AND SUBSTANTIAL ENDANGERMENT (§7003)
RCRA §7003 gives EPA broad enforcement authority to abate potential imminent
and substantial hazards caused by releases of solid or hazardous waste from any
source. Specifically, §7003 provides EPA with the authority to seek legal relief in the
appropriate United States District Court or issue administrative corrective action
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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4 - RCRA Corrective Action
orders for releases from any site where the handling, storage, treatment,
transportation, or disposal of solid or hazardous waste may pose an imminent and
substantial endangerment to human health or the environment.
CONTINUING RELEASES AT PERMITTED FACILITIES (§3004(u))
RCRA §3004(u), added by HSWA/ requires corrective action for all releases of
hazardous waste or constituents from any solid waste management unit (SWMU) at
a facility seeking a permit, regardless of when the waste was placed in the unit. A
SWMU is any discernible unit at which solid wastes have been placed at any time,
irrespective of whether the unit was intended for the management of solid or
hazardous waste. This definition includes any area at a facility where solid wastes
have been routinely and systematically released. EPA interprets this authority to
apply to any facility seeking a permit, including operating permits, post-closure
permits, and permits-by-rule, after November 8,1984 (50 FR 28712, 28715; July 15,
1985). The cleanup must address releases to air, groundwater, surface water, and
soil. Furthermore, facilities are required to maintain the permit until corrective
action is completed. Section 3004(u) also requires the Agency to include schedules of
compliance and financial assurance for completing corrective action in a facility's
permit when issued.
BEYOND THE FACILITY BOUNDARY (§3004(v))
While the authority for cleanup under §3004(u) is broad, it only applies to
contamination on the contiguous property of a facility and does not address the
migration of hazardous constituents beyond the boundaries of the facility seeking
the permit. To address these concerns, Congress also amended RCRA with §3004(v).
This section gives EPA the authority to require a facility owner/operator to clean up
releases that have migrated beyond the facility boundary. Specifically, the
owner/opera tor must institute corrective action wherever necessary to protect
human health and the environment unless the owner/opera tor demonstrates to
the satisfaction of the Regional Administrator that despite the owner/operator's best
efforts, he or she was unable to obtain the necessary permission from adjacent
property holders to undertake such actions (§264.101(c)). In addition, the Agency has
asserted that financial responsibility must be demonstrated for these cleanup
actions. •
INTERIM STATUS CORRECTIVE ACTION (§3008(h))
Under HSWA Congress also gave EPA the authority to issue orders requiring
cleanups at interim status facilities. This provision was added as §3008(h), which
allows EPA to issue an administrative order or file a civil action whenever it
determines on the basis of any information that there is or has been a release of
hazardous waste into the environment from an interim status facility. This applies
to facilities that are currently operating under interim status, that formerly operated
under interim status, or that should have obtained interim status. It also applies to
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotlii
line training purposes.
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RCRA Corrective Action - 5
any release of hazardous waste or constituents from the facility. In addition to
requiring cleanup, EPA has the authority under §3008(h) to revoke or suspend
interim status. Finally, as with §3004(v), EPA may use §3008(h) to require corrective
action beyond the facility boundary and to require proof of financial assurance for
cleanup.
2.2 EXISTING REGULATIONS
Presently the RCRA corrective action program is implemented largely through its
statutory authorities and EPA guidance developed pursuant to those authorities.
There are, however, some codified requirements.
s
Part 264, Subpart F requires corrective action for releases to groundwater from
regulated units (e.g., landfills, surface impoundments). Under these regulations,
corrective action is the third step of a three-phase program for detecting, •
characterizing, and responding to releases to the uppermost aquifer from regulated
units. In the corrective action phase, the owner/opera tor is required to remove or
treat in place all contaminants present in concentrations above previously
determined protection levels (§264.100). This type, of corrective action, applies only
to regulated units (§264.100) as opposed to all SWMUs (§264.101) and follows a
slightly different procedure. This procedure is covered in the module entitled
Groundwater Monitoring.
Facilities are also required to institute corrective action for releases of hazardous
waste or constituents from SWMUs (§264.101). This section essentially reiterates the
statutory language of §3004(u). Part 270 requires anyone seeking a RCRA permit to
identify, in their permit application, any SWMUs found at their facility (§§270.l(c),
270.14(d)). EPA also promulgated regulations mitigating the regulatory burden of
handling remediation wastes generated during the corrective action process
(§§264.552,264.553).
2.3 ENTERING THE CORRECTIVE ACTION PROCESS
One of the keys to understanding the RCRA corrective action program is knowing
how a facility becomes subject to the corrective action process. A facility is not
simply thrust into the program every time a spill of hazardous waste occurs. There
are primarily four ways a facility becomes subject to corrective action. The first and
most common uses RCRA §3004(u) and involves the identification of SWMUs
during the permitting process. Second, a facility owner/operator may volunteer to
perform corrective action. Third, EPA may issue an enforcement order, pursuant to
§§7003 or 3008(h), requiring a facility to implement corrective action. The final
trigger arises from groundwater monitoring. If a facility owner/opera tor detects
statistically significant evidence of increased contamination over certain
The information in this document is not by any means a complete representation of EPA's regulations or policies,
.but is an introduction to the topic used for Hotline training purposes.
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6 - RCRA Corrective Action
concentration limits established in the permit, he or she must institute a corrective
action program (§§264.91(a)(2) and (a)(3)).
2.4 THE CORRECTIVE ACTION PROCESS
The purpose of the corrective action process is to provide for controlled cleanup of
contamination with the structure of the RCRA program. EPA uses the corrective
action process to evaluate the nature and extent of contamination, identify the
physical and geographic characteristics of the facility, and identify, develop, and
implement appropriate corrective measures. This process is designed to be flexible;
consequently, the Agency will use only those portions of the process that are
appropriate.
The corrective action process generally comprises six activities (Figure 1). Each
serves to further focus the investigation, progressing from identifying potential
concerns to investigating an actual problem and, finally, selecting a specific remedy.
These terms are not dictated by the regulations but are used by EPA in guidance
documents relevant to corrective action. These six activities are:
• RCRA Facility Assessment (RFA) — identifies potential or actual releases
from SWMUs
• National Corrective Action Prioritization System (NCAPS) Ranking —
prioritizes the cleanup of the site relative to other sites
• Interim/Stabilization Measures —.implements measures to achieve high-
priority, short-term, remediation needs
• RCRA Facility Investigation (RFI) — compiles information to fully
characterize the release
• Corrective Measures Study (CMS) — identifies appropriate measures to
address the release
• Corrective Measures Implementation (CMI) — designs and implements the
remedy.
RCRA FACILITY ASSESSMENT
Often the first activity in the corrective action process is the RCRA facility
assessment (RFA). The objective of the RFA is to identify potential and actual
releases from SWMUs and make preliminary determinations about releases, the
need for corrective action, and interim measures. The RFA is conducted by the
regulatory agency and occurs prior to permit issuance (§270.14(b)). If the facility is in
interim status and is not seeking a permit, the RFA would take place before the
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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RCRA Corrective Action - 7
Figure 1
CORRECTIVE ACTION PROCESS
RCRA
Facility Assessment
(RFA)
PERFORMED BY:
EPA
Interim/stabilization measures evaluation* |
NCAPS Prioritization
RCRA
Facility Investigation
(RFI)
I
Owner/Operator
(EPA Performs
Oversight)
Corrective
Measure
Study
(CMS)
Owner/Operator
(EPA Performs Oversight and
Selects Alternative)
1
Statement of Basis
Corrective Measure
Implementation
(CMI)
Owner/Operator
(EPA Performs Oversight)
* Stabilization evaluations may occur after an RFA or after an RFI, and interim /stabilization measures may be
taken throughout the corrective action process.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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8 - RCRA Corrective Action
facility closes. The RFA begins with a file review of information about the facility.
The regulatory agency may then conduct a visual site inspection to confirm
available information on SWMUs and to note any visual evidence of releases.
Finally, a sampling visit may be performed to confirm or disprove suspected
releases before an RFI is conducted.
NATIONAL CORRECTIVE ACTION PRIORITIZATION SYSTEM
It is EPA's policy to address the worst corrective action needs first. Therefore, after
initially assessing a site, EPA ranks the site's relative environmental cleanup priority
and uses that ranking to allocate EPA resources. EPA uses the National Corrective
Action Prioritization System (NCAPS) to rank and compare sites in the corrective
action process. NCAPS is a computer-based ranking system that considers a variety of
environmental factors in assessing the priority of sites. Environmental factors
considered in the prioritization include types and volumes of wastes present,
contaminant release pathways, and the potential for human and ecosystem exposure
to contaminants. NCAPS generates a high, medium, or low ranking for each facility.
The ranking is based on an evaluation of four pathways of actual or potential
contamination (groundwater, surface water, air, and soils) and nationally established
criteria for defining high, medium, and low. The information needed to assess a site
by applying this system is usually obtained from the RFA.
INTERIM/STABILIZATION MEASURES
Contaminated sites often present serious and immediate hazards which EPA must
address quickly during the corrective action process. This process is called
stabilization. The actions used to achieve the goal of stabilization are called interim
measures or interim/stabilization measures. Interim/stabilization measures are
short-term actions taken to respond to immediate threats to human health or prevent
damage or contaminant migration to the environment. EPA evaluates the need and
feasibility of interim/stabilization measures by conducting a stabilization evaluation.
EPA performs the stabilization evaluation after an RFA or after an RFI. Interim or
stabilization measures may be taken at any time in the corrective action process and
should be consistent with the final remedy.
RCRA FACILITY INVESTIGATION
Another activity in the corrective action process is the RCRA facility investigation
(RFI). The RFI takes place when a release has been identified during the RFA and
further investigation is necessary. The purpose of the RFI is to gather enough data
to fully characterize the nature, extent, and rate of migration of contaminants to
determine the appropriate response action.
The investigation should focus on the. specific units, releases, and exposure
pathways identified as problematic earlier in the process to avoid unnecessary and
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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RCRA Corrective Action - 9
unproductive investigations. . Permitees may be required to submit a plan for
conducting an RFI, which will be overseen by the implementing agency.
CORRECTIVE MEASURES STUDY
After the RFI is completed, and the regulatory agency determines (on the basis of the
information available) that cleanup is necessary, the owner/opera tor must conduct
a corrective measures study (CMS). The purpose of the CMS is to identify and
evaluate cleanup alternatives for releases at the facility. The owner/opera tor must
identify the appropriate corrective measures to address the threats posed by the
releases, including measures to control the source of contamination and actions to
abate problems caused by migration of contaminants from the source. The
recommended measures are reviewed by EPA or the state and EPA selects the best
remedy given site-specific considerations. EPA may request additional information
or additional alternatives throughout this process. When a remedy is selected, the
facility's permit is modified to include the remedy and a schedule of compliance. At
that time the remedy is subject to public review and comment.
STATEMENT OF BASIS
In addition to the permit modification EPA should also publish a statement of basis.
This statement describes the basis for EPA's remedy selection and an explanation for
the cleanup levels chosen.
CORRECTIVE MEASURES IMPLEMENTATION (CMI)
Once the implementing agency has selected a remedy, the facility enters the
corrective measures implementation (CMI) phase of corrective action. During the
CMI, the owner/opera tor of the facility implements the chosen remedy. This phase
includes design, construction, maintenance, and monitoring of the chosen remedy,
all of which are performed by the facility owner/operator with Agency oversight. A
remedy may be implemented through a phased approach. Phases could consist of
any logically connected set of actions performed sequentially over time or
concurrently at different parts of a site. For example, if groundwater contamination
is currently extending beyond the facility boundary it may be most important to
address this problem first and address the larger remediation areas after the plume is
under control.
2.5 FINANCIAL ASSURANCE
Under RCRA §3004(a)(6), EPA has broad authority to require that facilities subject to
corrective action demonstrate financial assurance. On October 24, 1986, EPA
proposed to formally codify these requirements for financial assurance at permitted
facilities undergoing corrective action; however, these regulations were never
finalized (54 FR 37854). As a result, financial assurance for corrective action at
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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10- RCRA Corrective Action
permitted and interim status .facilities is currently instituted through a permit or an
order. Pursuant to §§3004(u), 264.101(b), 264.101(c), and 264.92(a)(2), EPA can require
permitted facilities to demonstrate financial assurance for corrective action.
Similarly, financial assurance for corrective action at interim status facilities.may be
required through a §3008(h) order. As stated in the May 1,1996, advance notice of
proposed rulemaking, EPA is considering other formal options regarding financial
assurance for corrective action (61 FR 19432). For more information on this advance
notice of proposed rulemaking, see section 4 of this module.
2.6 REMEDIATION WASTE
Cleaning up RCRA facilities under the corrective action program may involve the
management of large amounts of waste such as contaminated soils, water, debris,
and sludges which contain a listed waste or exhibit a characteristic of hazardous
waste. Such "remediation wastes" (§260.10) that are managed for the purpose .of
implementing corrective action requirements are generally subject to the same
management standards as newly generated RCRA hazardous waste, including TSDF
standards and land disposal restrictions (LDR). These management standards are
sometimes counterproductive when applied to cleanups because they may
unnecessarily slow the corrective action process and increase the cost of corrective
action without providing a concomitant level of protection of human health and
the environment. In order to mitigate the impact of these management standards
on the corrective action program, EPA promulgated regulations that allow the use
of alternative remediation waste unit standards that will ensure cleanups are fully
protective while eliminating some of the regulatory hurdles associated with waste
management. EPA accomplished this by creating two new management units:
temporary units (TUs) and corrective action management units (CAMUs).
Temporary units are tanks or container storage areas that EPA designated to be used
solely for the treatment or storage of remediation wastes during corrective action.
By designating a tank or container storage area as a temporary unit, EPA may modify
the design, operation, and closure technical standards normally applicable for such
units for up to one year, unless EPA grants an extension. The TU must comply fully
with all specific alternative unit standards set out in the facility permit.
CAMUs are physical, geographic areas within a facility designated for managing
remediation wastes during corrective action (§260.10). By designating an area as a
CAMU, EPA exempts that area from LDR and the land disposal unit minimum
technology requirements (MTR). A CAMU can only manage remediation wastes
during the corrective action process at the facility. Remediation wastes can originate
only from within a facility, but may include wastes managed in implementing
corrective action beyond the facility boundary pursuant to §§3004(v) or 3008(h).
CAMUs may also be used for the purpose of remediation under §7003.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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RCRA Corrective Action -11
In the Hazardous Waste Identification Rule for Contaminated Media, or HWIR-
media (61 FR 18779; April 29,1996), EPA proposes to replace CAMUs with a new type
of unit: a remediation pile. As stated in the proposal, upon promulgation of the
final HWIR-media standards, new CAMUs cannot be approved, and existing
CAMUs will be grandfathered, but allowed to continue operation for the duration of
remedial activities. As with CAMUs, the new remediation piles can be used for
storage of remediation waste during site cleanup without triggering LDR or MTR.
On the other hand, the remediation piles will only be temporary and cannot be used
for disposal. EPA expects to finalize these HWIR-media standards in June 1997. See
the module entitled Hazardous Waste Identification for more details about the
HWIR-media proposal.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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12- RCRA Corrective Action
The information in this document is not by any means a complete representation of EPA's regulations or po!
but is an introduction to the topic used for Hotline training purposes.
licies,
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RCRA Corrective Action -13
3. SPECIAL ISSUES
The following two topics briefly address interface issues, first within the RCRA
regulatory scheme and secondly between statutory programs.
3.1 CORRECTIVE ACTION vs. POST-CLOSURE PERMITS
The corrective action process is often closely interrelated with the closure process..
Frequently, a closing unit has caused contamination of environmental media which
necessitates corrective action during the post-closure period. Usually this corrective
action is addressed through a post-closure permit pursuant to §3004(u) EPA has
proposed to remove the requirement to address post-closure care through a post-
closure permit when appropriate (59 FR 55778; November 8,1994). The
implementing agency would then have the freedom to use the most appropriate
authority (e.g., §3008(h), groundwater monitoring corrective action pursuant to
§264.100, CERCLA, state cleanup programs) to remediate the site (see the module
entitled Closure/Post-Closure). States authorized for the corrective action program
currently must only have authority to implement corrective action at permitted
facilities. This rule would require states to adopt authority to address corrective
action at interim status facilities. EPA expects to finalize these provisions in August ~
1996.
3.2 RCRA/CERCLA INTERACTION
The RCRA corrective action process and the CERCLA remedial process are very
similar programs. They follow roughly parallel procedures in responding to
releases of contaminants (Figure 2). Sometimes the two programs overlap. For
example, where a contaminated site is an active RCRA-permitted facility, the
Agency may consider whether the use of RCRA.or CERCLA authorities (or both) is
most appropriate to accomplish cleanup of the site. The Agency's position has been
that a site that can be addressed by RCRA Subtitle C corrective action should be
deferred from placement on the NPL unless it falls within certain exceptions, such
as: .
• The inability or unwillingness of the owner/opera tor to pay for addressing
the contamination at the site
• Inadequate financial responsibility guarantees to pay for such costs
• EPA or state priorities for addressing RCRA sites would defer prompt action
and delay could result in further significant contamination.
The NPL deferral policy does not apply to federal facilities.
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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14 - RCRA Corrective Action
Figure 2
COMPARISON OF RCRA CORRECTIVE ACTION
AND CERCLA REMEDIAL PROCESSES*
ESTIMATED
DURATION
OF TASKS
3-6
MONTHS
RCRA
CERCLA
RCRA FACILITY
ASSESSMENT
(RFA)
PRELIMINARY
ASSESSMENT/
SITE INVESTIGATION
(PA/SI)
Identify releases needing
further investigation
12-24
MONTHS
RCRA FACILITY
INVESTIGATION
(RFI)
REMEDIAL
INVESTIGATION
(RI)
Characterize nature,
extent, and rate of
contaminant releases
6-9
MONTHS
CORRECTIVE
MEASURES
STUDY
(CMS)
FEASIBILITY
STUDY
(FS)
Evaluate/select
remedy
more than
6
Months
CORRECTIVE
MEASURES
IMPLEMENTATION
(CMI)
REMEDIAL DESIGN/
REMEDIAL ACTION
(RD/RA)
Design and
implementation of
chosen remedy
*Interim Measures may be performed at any point in the corrective action process
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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RCRA Corrective Action -15
4. REGULATORY DEVELOPMENTS
HSWA expanded corrective action authorities for both permitted and interim status
RCRA facilities. The new corrective action authorities became effective on
November 8, 1984, the date of HSWA enactment. Implementing corrective action
regulations are codified at"§§264.101, 270.1(c), and 270.14(d). Since the initial HSWA
codification rulemaking, EPA proposed a more comprehensive, systematic approach
to corrective action, which would.be codified as Part 264, Subpart S (55 FR 30798;
July 27,1990). This proposal addresses corrective action for SWMUs at facilities
subject to RCRA permitting.
The 1990 proposal received significant public comment. Although EPA finalized
only a few sections of the proposal — the provisions promulgating regulations for
CAMUs and TUs (see Section 2.6 of this module for more information) — the bulk
of this proposal was never finalized, but is still used as guidance during corrective
actions.
In an effort to reevaluate this proposal in light of experience in implementing the
corrective action program since 1986, the Agency published an advance notice of
proposed rulemaking (61 FR.19432; May 1,1996) to introduce EPA's strategy for
promulgation of corrective action regulations, and to expand on the Agency's
philosophy and priorities. The advance notice opens a dialogue with the regulated
community on ways to make the corrective action process shorter and cost-effective
for the regulated community and for the Agency; to create more consistent, less
compartmentalized cleanups; to establish protective but "common sense" cleanup
expectations; and to shift more responsibility for compliance to states and the
regulated community.
The notice also gives the regulated community direction and guidance on the
current corrective action polices, relating the status of the corrective action process
to other rulemaking efforts such as the Hazardous Waste Identification Rule
(HWIR), the post-closure permitting rule, state authorization revisions, and
administrative improvements and reforms under Superfund. EPA expects to re-
propose a comprehensive corrective action program in September 1996, and finalize
the regulations in late 1997.
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is ah introduction to the topic used for Hotline training purposes.
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