vv EPA
              United States
              Environmental Protection
              Agency
           Office of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER: 9502.00-6
TITI p. Definition of Solid Waste Management Unit for the Purpose of Corrective Action
1'' wt' jttoder Section 3004 (u)
              APPROVAL DATE: July 24' 1987
              EFFECTIVE DATE: July 24' 1987
              ORIGINATING OFFICE: OSW/PSPD
              0 FINAL
              D DRAFT
               STATUS:

              REFERENCE (other document's)
 OS WER      OS WER      OS WER
/£   DIRECTIVE   DIRECTIVE    Di

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                              Unned Stales Environmental Protection Agency
                                     Washington. DC 20460
                   OSWER Directive Initiation Request
              1. Directive Number

                 9502.00-6
                                    2. Originator Information
Name of Contact Person
Larry Stirlincr
Mail Code
WH-563
Office
OSW/PSPD
Telephone Code
382-4754
i.
      3 Title
       Definition of Solid Waste Management Unit for the Purpose of Corrective Action
       itJnder Section 3004 (u)
      4. Summary of Directive (include bhef statement of purpose)
       Memorandum Clarifies the concept of  "deliberate" in defining a solid waste
       management unit.
       5 Keywords
       Corrective Action,  Definition, Waste Management
       6a. Does This Directive Supersede Previous Directives)
                                            X
                                               No
       b. Does It Supplement Previous Directive(s)?
                                               No
Yes   What directive (number, title)
Yes   What directive (number, title) 9502 00-5
                                                 RCRA Facility Assessment Guidance
       "*. Draft Levei
       .   I A - Signed by AA/DAA       I B - Signed by Office Director
 C - For Review & Comment
D - In Development
8. Document to be distributed to States by Headquarters?
V
1
Yes


No
       This Request Meets OSWER Directives System Format Standards.
       5 Signature of Lead Office Directives Coordinator
              Date
       10. Name and Title of Improving Official

        Marcia E. Williams,  Director, Office of Solid Waste
              Date

               July 24, 1987
      EPA Form 1315-17 (Rev. S-S7) Previous editions are obsolete.
   OSWER            OSWER                OSWER               O
VE     DIRECTIVE          DIRECTIVE        DIRECTIVE

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           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                       WASHINGTON, D.C. 20460
                            it -i  7 •  .  ,
                            Ji".  <- ••  • ->•                  OFF ICE OF
                                              SOLID WASTC AND EMERGENCY RESPONSE

 MEMORANDUM


 SUBJECT:  Definition  of  Solid Waste Management  Unit  for  the
          Purpose  of  Corrective  Action  Under Section 3004(u)

 FROM:     Marcia E. Williams, Director  M/.»
          Office of Solid Waste         ' Y*

 TO:       Hazardous Waste Division  Directors, Regions I-X


     The  purpose  of  this memorandum is to  provide clarification
 regarding one  aspect  of  the definition of  solid  waste management
 unit as related to RCRA  corrective action  under  Section  3004(u).
 The concept of a  solid waste management unit has been explained
 in various guidances  since  the  passage of  the  1984  Hazardous
 and Solid ?>Jaste Arcendents (HSwA).

     As explained in  the July 15,  1985 HSWA Codification Rule,
 a solid waste  management unit is "...  any  unit at a facility
 from which hazardous  constituents  might migrate,  irrespective  of
 whether the units were intended  for  the management  of solid and/
 or hazardous wastes."  This definition was  intended to  include
 those types of units  which  have  traditionally  been  subject to
 regulatory control under RCRA:  container storage areas,  tanks,
 surface impoundments, waste piles,  land treatment units, landf.ill.s,
 incinerators,  underground injection  wells  and  other physical,
 chemical  and biological  treatment  units.

     A memorandum from John Skinner  to the  Hazardous Waste
Division  Directors (June  14, 1985)  further  interpreted the term
solid waste management unit to  include areas at  facilities whicn
have become contaminated  by routine, systematic  and deliberate
releases  of hazardous waste or  hazardous constituents.   An
example of this type  of  "solid waste management  unit" is a wood
preservative "kickback"  area, where  drippage of  preservative
fluids onto soils from pressure-treated wood is  allowed  to occur
over time.  This  interpretation was  reiterated in the final
RCRA Facility Assessment  Guidance  and  the National  RCRA
Corrective Action Strategy  of October  14,  1986.

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                             -2-


     Recently, however, several Regions have inquired whether the
term "deliberate" meant that the owner/operator had actually
intended to create the release of hazardous wastes or hazardous
constituents.  We wish to clarify that the term "deliberate" in
this context was not meant to require a showing that the owner/
operator knowingly caused a release of hazardous wastes or hazard-
ous constituents.  Rather, the term "deliberate" was included to
indicate the Agency's intention not to exercise its Section 3004(u)
authority to proceed against one-time, accidental spills which
cannot be linked to a discernible solid waste management unit.
An example of this type of release would be an accidental spill
from a truck at a RCRA facility.  Routine and systematic releases
constitute, in effect, management of wastes; the area at which
this activity has taken place can thus reasonably be considered
a solid waste management unit.  Therefore, in implementing correc-
tive action under Section 3004(u), Regions and States should
consider areas which have become contaminated through routine
and systematic releases of hazardous wastes or hazardous constit-
uents to be solid waste management units.  It is not necessary
to establish that such releases were deliberate in nature.

     This concept, and other issues relating to the definition of
solid waste management unit, -will be addressed in the proposed
rulemaking being developed for corrective action under Section
3004(u).

     If you have any questions regarding this interpretation of
of solid waste management unit, please contact David Fagan at
FTS 382-4497.

cc:  Regional RCRA Branch Chiefs
     Regional RCRA Permit Section Chiefs
     Gene Lucero
     Bruce Weddle
     Joe Carra
     Mark Greenwood

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