vv EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
9431.00-6
RCRA Regulatory Status of Contaminated Ground Wacei
APPROVAL DATE 1 1/13/86
EFFECTIVE DATE: ^ 11/13/86
ORIGINATING OFFICE: : C°sw
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OS WER OS WER OS WER
fE DIRECTIVE DIRECTIVE Di
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9481.00-6
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RCRA Regulatory Status of Contaminated Ground Water
Summary Of Directive
This memorandum addresses the regulatory status of ground water contaminated
with hazardous waste leachate. Ground Water contaminated with hazardous waste
leachate is still subject to regulation since it contains a hazardous waste.
Key Words:
Groundwater
Type oi Directive /Manual. Policy Directive. Announcement, etc./
Policy Directive
' Status
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OSWER POLii.; • .......icnVE NO.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1O-T
WASHINGTON D.C. 20460 9481 * U U " O
NOV I 3 1986 ' OF..CEOF
w ^ ,+s^j SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT RCRA Regulatory Status of Contaminated Ground Water
FROM: Marcia E. Williams, Director
Office of Solid Waste
TO: Patrick Tobin, Director
Waste Management Division, Region IV
This is in response to your memorandum of September 13,
1986, regarding the regulatory status of ground water
contaminated with hazardous waste leachate. To answer this
question, one first has to determine the status of ground
water. Under the regulations, ground water contained in the
aquifer is not considered a solid waste, since it is not
"discarded" in the sense of being abandoned, recycled,
or inherently waste-like as those terms are defined in the
regulations. See 40 CFR 261•2(a)-(d). Therefore, contami-
nated ground water cannot be considered a hazardous waste
via the mixture rule (i.e., to have a hazardous waste
mixture, a hazardous waste must be mixed with a solid waste;
see 40 CFR 261. 3(a)(2)(iv)). Nevertheless, ground water
contaminated with hazardous waste leachate is still subject
to regulation since it contains a hazardous waste. Therefore,
the treatment, storage,~~or disposal of ground water contaminated
with hazardous waste leachate must be handled as _if the
ground water itself were hazardous since hazarcfous waste _!/
leachate is subject to regulation under Subtitle C of RCRA.
However, if the ground water is treated such that it no
longer contains a hazardous waste, the ground water would no
longer be subject to regulation under Subtitle C of RCRA.
I/ This memo more precisely explains the position on ground
~~ water contamination presented in John Skinner's memo dated
December 26, 1984.
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OSWER POLICY DIRECTIVE NO.
9481.00-6 --
Taking this interpretation and applying it to the example-
in your memorandum, the ground water containing a listed
hazardous waste, once collected, is subject to regulation
under the hazardous waste regulations. However, if as a
result of treatment, the ground water no longer contains the
hazardous waste leachate, the ground water would no longer be
subject to the hazardous waste rules.
Your letter also raises the question of treatment of
ground water within the context of corrective action. If the
corrective action is taken at an interim status facility in
compliance with a §3008(h) order, treatment can take place.
We are considering the possibility of amending the regulations
to clarify the relationship between corrective action and
the reconstruction ban (§270.72(e)). More broadly, the
Agency is currently examining the issue of whether permits
should be required for any corrective actions. We are also
developing rules for corrective action under RCRA §3004(u).
Until this analysis is completed, if the corrective action
takes place at a permitted facility, it can be handled as a
permit modification.
Please feel free to call Matt Straus, of my staff, if
you have any further questions; his telephone number is ^75-
8551 (FTS).
cc: Hazardous Waste Division Directors,
Regions I-III and V-X
Gene Lucero, OWPE
Lloyd Guerci, OWPE
Mark Greenwood, OGC
Steve Silverman, OGC
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