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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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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