vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9502.01(85)
TITLE: RCRA Reauthorization Statutory Interpretation #3..
Immediate Implementation of New Corrective
Action Requirements
APPROVAL DATE: 2-5-85
EFFECTIVE DATE: 2-5-85
ORIGINATING OFFICE: Office of Solid Waste
0 FINAL
D DRAFT
STATUS:
[ ] A- Pending OMB approval
[ ] B- Pending AA-OSWER approval
[ ] C- For review &/or comment
[ ] D- In development or circulating
REFERENCE (other documents):
headquarters
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE D
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CORRECTIVE ACTION 9502.01(85)
Key Words: ' Continuing Releases, Corrective Action, SWMUs, RCRA Permits,
Part B Applications
Regulations: RCRA 3064(u), 3005(c)
Subject: RCRA Reauthorization Statutory Interpretation #3: Immediate
Implementation of New Corrective Action Requirements
Addressee: Regional Administrators, Waste Management Division Directors,
Branch Chiefs, Regional Counsels, State Hazardous Waste Program
Directors, Assistant Administrator for Enforcement & Compliance
Monitoring, OSWER Office Directors Regions I-X
Originator: Jack W. McGraw, Acting Assistant Administrator
Source Doc: #9502.01(85)
Date: 2-5-85
Summary:
Facilities whose Part B applications have been requested, and for which
final determinations were not made prior to November 8, 1984, must submit the
following new Part B information requirements in order to satisfy the new
continuing releases provision [§3004(u)J.
o Identification of each Solid Waste Management Unit (SWMU) at the
facility, including:
type of unit;
location of each unit on a topographic map;
general dimensions;
whether the unit is currently operating and, if not, when the unit
closed or ceased operating; and
description of wastes that were placed in unit (where available)
o Information available on whether or not releases have occurred from any
of the SWMUs, including releases to ground water as well as to other
media (e.g., soils, surface water, air).
In preparing the notices to permit applicants, Regional Offices should
coordinate with their States to avoid requesting information that "has already
been collected by a State agency.
Applicants who have already submitted their Part B application should
submit the above information within 30-45 days.
Permits can be issued to facilities if:
o The owner/operator has indicated that there is no information
indicating a release; and
o Based on site inspection and other available information, the Region
confirms that a release that poses a threat to human health and the
environment is unlikely to have occurred.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 9502.01 (85)
WASHINGTON, O.C. 20460
FES J .:*
CFt'CZ 0"=
SOLID WASTE AND
MEMORANDUM
SUBJECT: RCRA Reau tho r iza t ion Statutory Interpretation * 3 :
Immediate Implementation of New Corrective Action
Requirements
^ t
FROM: J&Ck W./McGraw
^Acting Assistant Administrator
TO: Addressees
BACKGROUND
One of the most important early-enactment provisions of the
RCRA reauthorization is the new authority for corrective action
for continuing releases [Section 3004(u)l. As you know, this pro-
vision is applicable to- all permits issued after November 8, 1984.
This memorandum provides preliminary guidance on the new information
to be submitted with Part B applications to satisfy the new require-
ments. The guidance -appl ies to those facilities whose Part B
applications have been requested, and for which final determinations
were not made prior to November 8, 1984.
The ne.w continuing release provision in effect requires that
each .facility .seeking -a. .RCRA permit must ( a ) ident i f y al 1 solid
waste management units at the facility; (b) identify releases
of hazardous wastes or constituents that have occurred from those
units; and (c) perform corrective action for those releases. Vir-
tually all regulated facilities will be affected by this provision,
since it applies to inactive and closed units at such facilities,
as well as to the operating units subject to permitting.
Much of the implementation of the continuing release provision
is subject to interpretations which have not yet been made by the
Agency. An effort is currently underway to clarify the full impact
of this provision on the RCRA permit program.
Policy guidance on implementation of the new §3004(u) authority,
including the requirement for financial assurance for corrective
action, is expected to be issued in draft within a ncnth. Separate
guidance is being developed on how to determine whether or not a
facility has a release that may pose a threat to human health and the
environment. Additional guidance on the technical aspects of
different types of corrective action programs, and on the use of
interim status corrective action orders, will also be issued.
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ACTION
Several actions can be taken to implement this new cor-
rective action requirement prior to issuance of the above mentioned
guidance packages. Specifically, we recommend that a notice be
sent to each facility whose Part B has been requested and for
which a final determination was not made prior to November 8, 1984.
This notice should provide a general explanation of the new cor-
rective action provision, and the fact that additional information
must be submitted to satisfy the new requirement. In general,
EPA will need to obtain the following information in order to
determine whether a facility is in compliance with section 3004(u):
(a) Identification of each unit at the facility that might
fall within the definition of solid waste management unit,
that has not already been described in the Part B appli-
cation. Although no final decision has yet been made on
the definition, a solid waste management unit may include
any landfill, surface impoundment, waste pile, land.treatment
unit, injection well, incinerator, tank (including waste-
water treatment units, elementary neutralization units,
and tanks used in reuse/recovery operations), container
storage area, transfer station, or waste recycling oper-'
ation at the facility. The applicant should also under-
stand that EPA views the "facility" as not limited to the
area where wastes are managed, but includes the entire
contiguous property under the control of the owner or
operator. For each unit, the following information should
be supplied:
- Type of unit
- Location of each unit at the facility on a
topographic map
- General dimensions
- Whether the unit is currently operating, and if
not, when the unit closed or ceased operating
- Description of the wastes that were placed in
the unit (where available)
(b) All information available to the owner/operator on
whether or not releases have occurred fron any of the
solid waste management jnits (including the hazardous
waste units) at the facility. Releases to ground water,
as well as to other media (e.g., soils, surface water,
air) should be described. Such information would
include available ground or surface water monitoring
data, results of soil sampling, spill reports, inspection
records, etc.
We recommend that in most cases, applicants who have already
submitted their Part B application should be given no more than
30-45 days in which to submit this information.
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It should be understood that there is currently no provision
in 40 CFR Part 270 which requires submission of the above infor-
mation in Part B applications. In a sense, therefore, submittal of
the information by permit applicants is "voluntary." However,
section 3005(c> of the Act provides that permits can be issued
to facilities only upon a determination that the facility is in
compliance with the requirements of Section 3004 of the Act.
Therefore, failure to submit information to demonstrate a facility's
compliance with the §3004(u) requirement would be grounds for denial
of the permit.
The above information, when submitted by the permit applicants,
will allow the permit writer to make an assessment as to which
facilities are likely to require corrective action programs, and
how permitting and enforcement priorities might subsequently be
realigned.
Some States may have existing regulatory requirements analogous
to the new RCRA continuing release provision. Such States may
already have gathered substantial information on solid waste man-
agement units and releases at their facilities. In preparing the
notices to be sent to permit applicants, Regional Offices should
coordinate with their States to avoid requesting such information -
that has already been collected by a State agency.
Some facilities may contain only units with a relatively
low likelihood of having caused a release (e.g., indoor container
storage areas, above-ground tanks, etc.). In such cases, the
Region/State may consider going forward with issuing the permit,
providing that:
- The owner/operator has indicated that there is no
information indicating a release from any of the unics;
and
- An assessment of the facility, based on a site in-
spection and other available information, confirms that
a release that poses a threat to human health and the
environment is unlikely to have occurred.
For many facilities, the absence of a release will not be
so easily established. Further, some facilities will already have
determined that such a release(s) has occurred. For these facil-
ities further information will have to be developed to identify
and/or characterize releases. As noted ear 1ier,.guidance on these
issues will be forthcoming.
Any questions or comments-on procedural aspects oĢ imple-
menting this corrective action authority should be directed to
Dave Fagan (382-4497). For information on the guidance packages
being developed, please contact Art Day (382-4653), or George
Dixon (382-4494).
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Addressees;
Regional Administrators, Regions I-X
Regional Waste Management Division Directors, Regions I-X
Hazardous Waste Branch Chiefs, Regions I-X
Regional Counsels, Regions I-X
State Hazardous Waste Program Directors
Assistant Administrator for Enforcement and Compliance Monitoring
Associate General Counsel for Solid Waste and Emergency Response
OSWER Office Directors
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