vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Directive 9234.2-04FS
October 1989
CERCLA Compliance with Other Laws Manual
RCRA ARARs:
Focus on Closure Requirements
The Superfund Amendments and Reauthorization Act of 1986 (SARA) adopts and expands a provision in the
1985 National Contingency Plan (NCP) that remedial actions must at least attain applicable or relevant and
appropriate requirements (ARARs). Section 121(d) of CERCLA, as amended by SARA, requires attainment of
Federal ARARs and of State ARARs in State environmental or facility siting laws when the State requirements
are promulgated, more stringent than Federal laws, and identified by the State in a timely manner.
To implement the ARARs provision, EPA has developed guidance. CERCLA Compliance with Other Laws
Manual: Parts I and II (OSWER Directives 9234.1-01 and 9234.1-02, respectively). EPA is preparing a series of
short Fact Sheets (OSWER Directive 9234.2 series) that summarize the guidance documents. This particular Fact
Sheet addresses compliance with Subtitle C of the Resource Conservation and Recovery Act (RCRA), as amended
by the Hazardous and Solid Waste Amendments of 1984 (HSWA), with a focus on the RCRA Subtitle C closure
requirements. This Fact Sheet is based on policies in the proposed December 21,1988 revisions to the NCP. The
final NCP may adopt policies different from those covered here and, when promulgated, should be considered the
authoritative source.
L AN OVERVIEW OF RCRA SUBTITLE C ARARS
The provisions of Subtitle C of RCRA mandate
'cradle-to-grave" management of hazardous waste, and
regulate three types of hazardous waste handlers: (1)
generators; (2) transporters; and (3) owners and
operators of treatment, storage, or disposal facilities
(TSDFs). Although there are RCRA requirements for
generators and transporters of hazardous waste, the
most .extensive RCRA requirements are those for the
design, operation, and Closure of hazardous waste
TSDFs (40 CFR Part 264). Highlight 1 shows the
types of hazardous waste management units regulated
under Subtitle C
RCRA Subtitle C requirements for TSDFs will
frequently be ARARs for CERCLA actions, because
RCRA regulates the same or similar wastes as those
found at many CERCLA sites, covers many of the
same activities, and addresses releases and threatened
releases similar to those found at CERCLA sites.
When RCRA requirements are ARARs, only the
substantive requirements of RCRA must be met if a
CERCLA action is to be conducted on site. On-site
actions do not require RCRA permits, nor is
compliance with administrative requirements necessary
for on-site actions. CERCLA actions to be conducted
off site, however, must comply with both substantive
and administrative RCRA requirements (see Highlight
2 on the next page).
Highlight 1: KEY SECTIONS OF RCRA
SUBIIItXT
Part 264- Treatment, Storage,
id Disposal Facility Reqairemeots '
SnbptflF- Onmt^tcrrracctkm
SubpBtO- Ck»ne«adFa«-ClMan
SBtpatJ • Tat*
:- Sut
SobpntM- U
SahptttN- Ladffik
Submit O- lactantan
SttptrtX- Mir—"•—-—"-••
P«ttZ6S- Land Dfepotal Restrictions
Printed on Recycled Pap*
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Highlight!: SUBSTANTIVE AND
ADMINISTRATIVE REQUIREMENTS
Substantive Requirements are those
requirements that pertain directly to actions
or conditions in the environment Examples
include performance standards for
incinerators (40 CFR 264343), treatment
standards for land disposal of restricted waste
(40 CFR 268), and concentration limits, such
as MCLs.
Administrative Requirements are those
mechanisms that facilitate the implementation
of the substantive requirements of a statute
or regulation. Examples include the
requirements for preparing a contingency
plan, submitting a petition to delist a listed
hazardous waste, recordkeeping, and
consultations.
A. WHEN RCRA IS APPLICABLE
RCRA Subtitle C requirements for the treatment,
storage, and disposal of hazardous waste are applicable
for a Superfund remedial action if the following
conditions are met:
• The waste is a RCRA hazardous waste, and either
• The waste was initially treated, stored, or disposed
of after the effective date of the particular RCRA
requirement, oj
• The activity at the CERCLA site constitutes
treatment, storage, or disposal, as defined by
RCRA.
L When a CERCLA Waste is a RCRA Hazardous
Waste
In order for RCRA requirements to be applicable,
a Superfund waste must be determined to be a listed
or characteristic hazardous waste under RCRA (see
Highlights 3a and 3b for the definition of RCRA
hazardous waste). A waste that is hazardous because
it once exhibited a characteristic (or media, containing
a characteristic waste) wffl not be subject to Subtitle
C regulation if it no longer exhibits the characteristic
A listed waste may be deUsted if h can be shown that
the specific waste is not hazardous based on the
standards hi 40 CFR 26422. If such a waste wfll be
shipped off site, it must be delisted through a
rulemaking process. However, to delist a RCRA
hazardous waste that will remain on site at a
Superfund site, Only'the substantive requirements for
delisting must be met (see "ARARs Q's and A's,*
OSWER Directive 9234.2-01FS, May 1989).
Highlight 3a: CHARACTERISTIC RCRA
HAZARDOUS WASTES
(Subpart C of 40 CFR Part 261)
• Ignitability - i.e., a waste with a flash point
lower than 140 F;
• Conrosivity - i.e., a waste with a pH less
than or equal to 2.0 or greater than or equal
to 12J. or capable of corroding steel at a
rate of more than 0.2S inches per year,
• Reactivity - i.e., a waste that is explosive,
reacts violently with water, or generates toxic
gases when exposed to water or liquids that
are moderately acidic or alkaline; and
• Extraction Procedure (EP) Toricity* - i.e.,
a waste for which the EP test extract
contains a concentration of a specified
contaminant above its regulatory threshold.
*A final nuemaking b underway that will replace the EP test
with the Toncity Characteristic Leaching Procedure (TCLP).
Promulgation is expected in 1990.
Highlight 3b: LISTED RCRA
HAZARDOUS WASTES
(Subpart D of 40 CFR Pan 261)
• F Waste Codes (Part 26L31) - wastes from
non-«pecific sources (e.g., F001 • POOS spent
solvents);
• K Waste Codes (Part 26L32) - wastes from
specific sources (exg., K001 wastewater
treatment sludge from wood preserving
processes);
• P Waste Codes (Part 26U3(e))-acutely
hazardous commercial chemical products;* and
• U Waste Codes (Part 26O4(f))- toxic
commercial chemical products.*
In addition, any solid waste derived from the treatment,
storage, or disposal of a listed waste, and any mixture of solid
waste and listed waste is a RCRA hazardous waste
(regardless of the concentration of hazardous constituents or
the percentage of listed wastes in such a mixture).
•NOTE: The word "product" refers to a commercially pure or
technical grade of the chemical A material does not qualify as a
product simply because it is a process waste.
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Any environmental media (i.e., soil or ground
water) contaminated with a listed waste is not a
hazardous waste, but must be managed as such until
it no longer contains the listed waste, generally when
constituents from the listed waste are at health-based
levels. Delisting is not required.
To determine whether a waste is a listed waste
under RCRA, it is often necessary to know the source
of that waste. For any Superfund site, if an
affirmative determination cannot be made that the
contamination is a RCRA hazardous waste, RCRA
requirements will not be applicable. A determination
of whether a waste is a characteristic waste can be
based on testing the waste. Alternatively, best
professional judgment (based on knowledge of the
waste and its constituents) can be used to determine
whether testing is necessary.
2. When the Date of Initial Disposal Triggers
RCRA Applicability
A RCRA requirement will be applicable if the
hazardous waste was treated, stored, or disposed of
after the effective date of the particular requirement.
The RCRA Subtitle C regulations that established the
hazardous waste management system first became
effective on November 19,1980. RCRA regulations
will not be applicable to wastes disposed of before
that date, unless the CERCLA action itself constitutes
treatment, storage, or disposal (see below). Additional
standards have been issued since 1980; therefore,
applicable requirements may vary somewhat, depending
on the specific date on which the waste was disposed.
*
3. When Superfond Activities Trigger RCRA
Applicability
RCRA requirements for hazardous wastes will
also be applicable if the response activity at the
Superfund site constitutes treatment, storage, or
disposal, as defined under RCRA. Disposal of
hazardous waste, in particular, triggers a number of
significant requirements, including closure
requirements (see Part n of this Fact Sheet) and land
disposal restrictions, which require treatment of wastes
prior to land disposal (See Guides on Superfund
Compliance with Land Disposal Restrictions, OSWER
Directives 93473-01FS through 92373-06FS, for a
detailed description of these requirements.)
Because remedial actions frequently involve
grading, excavating, dredging, or other measures that
disturb contaminated material, activities at Superfund
site.r may constitute disposal, or placement, of
hazardous waste (see Highlight 4).
Highlight* ACTIONS
CONSTITUTING DISPOSAL
DISPOSAL OCCURS WHEN:
AOC/Ul* OffiWMIAOC/Um
Wastes from different AOCs are consolidated into
one unit
TREATMENT
RESIDUALS
AOC/Uf*
Mlmm AOC/Unft
Wastes are removed from the AOC, treated in a
separate unit (even if physically within the same AOC),
and redeposited into the same or another AOC.
DISPOSAL DOES NOT OCCUR WHEN:
!«• AOC/UK—«1
I I
Wastes are consolidated within the same AOC or unit
AOCAMI
Wastes are treated in situ.
CAP
Wastes are capped or left in place.
-3-
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EPA has determined that disposal occurs when
wastes are placed in a land-based unit However,
movement within a unit does not constitute disposal
or placement, and, at CERCLA sites, an area of
contamination (AOC) can be considered to be
comparable to a unit Therefore, movement within an
AOC does not constitute placement
B. WHEN RCRA IS RELEVANT AND
APPROPRIATE
RCRA requirements that are not applicable may,
nonetheless, be relevant and appropriate, based on
site-specific circumstances. For example, if the source
or prior use of a CERCLA waste is not identifiable,
but the waste is similar in composition to a known,
listed RCRA waste, the RCRA requirements may be
potentially relevant and appropriate, depending on
other circumstances at the site.
However, the similarity of the waste at the
CERCLA site to RCRA waste is not the only, nor
necessarily the most important, consideration in the
determination. An in-depth, constituent-by-constituent
analysis is generally neither necessary nor useful, since
most RCRA requirements are the same for a given
activity or unit, regardless of the specific composition
of the hazardous waste.
The determination of relevance and
appropriateness of RCRA requirements is based on
the circumstances of the release, including the
hazardous properties of the waste, its composition and
matrix, the characteristics of the site, the nature of the
release or threatened release from the site, and the
nature and purpose of the requirement itself. Some
requirements may be relevant and appropriate for
certain areas of the site, but not for other areas. In
addition, some RCRA requirements may be relevant
and appropriate at a site, while others are not, even
for the same waste. For example, minimum
technology requirements may be considered relevant
and appropriate for one area receiving waste because
of the high potential for migration of contaminants in
hazardous levels to ground water, but not for another
area that contains relatively immobile waste. Land
disposal restrictions may be determined not to be
relevant and appropriate for either area because the
treatment technology required by the requirement is
not appropriate, given the matrix of the waste. Only
those requirements that are determined to be both
relevant and appropriate must be attained.
C. STATE AUTHORISATION UNDER RCRA
A State may be authorized to administer the
RCRA hazardous waste program in lieu of the
Federal program provided that the State has
equivalent authority. Authorization is granted
separately for the basic RCRA Subtitle C program,
which includes permitting and closure of TSDFs; for
regulations promulgated pursuant to HSWA, such as
land disposal restrictions; and for other programs,
such as delisting of hazardous wastes. If a site is
located in a State with an authorized RCRA program,
the State's promulgated RCRA requirements wiU
replace the equivalent Federal requirements a|
potential ARARs.
An authorized State program may also be more
stringent than the Federal program. For example, a
State may have more stringent test methods for
characteristic wastes, or may list more wastes as
hazardous than the Federal program does. Therefore,
it is important to determine whether laws in an
authorized State go beyond the Federal regulations.
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H. FOCUS ON RCRA CLOSURE REQUIREMENTS
For each type of unit regulated under RCRA,
Subtitle C regulations contain closure standards that
must be met when a unit is closed. For treatment
and storage units, the standards require that all
hazardous waste and hazardous waste residues be
removed when the unit is closed. In addition to the
option of closure by removal, called "clean closure,'
units such as landfills, surface impoundments, and
waste piles may be closed as disposal or landfill units
with waste in place, referred to as "landfill closure."
Frequently, the closure requirements for such land-
based units will be either applicable or relevant and
appropriate at Superfund sites.
A. WHEN CLOSURE REQUIREMENTS ARE
APPLICABLE
The basic prerequisites for applicability of closure
requirements are: (1) the waste must be a hazardous
waste; and (2) the unit (or AOC) must have received
waste after the RCRA requirements became effective,
either because of the original date of disposal or
because the CERCLA action constitutes disposal
(described in Pan I of this Fact Sheet). When RCRA
closure requirements are applicable, the regulations
allow only two types of closure: (1~> clean closure:
and (21 disposal or landfill closure.
Highlight 5 provides a description of each type
of closure. Clean closure standards assume there will
be unrestricted use of the site, and require no
maintenance after the closure has been completed, and
are often referred to as the "eatable solid, drinkable
leachate" standards. In contrast, disposal or landfill
closure standards require post-closure care and
maintenance of the unit for at least 30 years after
closure. EPA has prepared several guidance on
closure and final covers (e.g., the draft RCRA
Guidance Manual for Subpart G. Closure and Post-
Closure Standards. EPA-530-SW-78-010, and the
technical guidance document, Final Covers on
Hazardous Waste Landfills and Surface
Impoundments. EPA 530-SW-89-047, July 1989).
These guidance documents are not ARARs, but are to
be considered (TBC) for CERCLA actions and may
assist in complying with these regulations. Of course,
the performance standards in the regulation may be
attained in ways other than that described in guidance,
depending on the specific circumstances of the site.
Highlights: REQUIREMENTS FOR CLEAN
AND LANDFILL CLOSURE
Clean Closure; All waste residues and
contaminated containment system components
(e.g., liners), contaminated subsoils, and
structures and equipment contaminated with
waste and leachate must be removed and
managed as hazardous waste or
decontaminated before the site management is
completed, "edible soil, drinkable leachate" [see
40 CFR 264.111, 264.228(a)].
Landfill Closure: The unit must -be capped
with a final cover designed and constructed to:
- provide long-term minimization of
migration of liquids;
- function with minimum maintenance;
- promote drainage and minimise erosion;
- accommodate settling and subsidence; and
- have a permeability less than or equal to
any bottom liner system or natural
subsoils present
Post-closure care includes maintenance of the
final cover; operation of a leachate and
removal system; and maintenance of a ground-
water monitoring system [see 40 CFR 264.117,
264.228(b)].
B. WHEN CLOSURE REOinplEMENTS ARE
RELEVANT AND.APPROPRIATE
If they are not applicable, RCRA closure
requirements may be relevant and appropriate.
However, there is more flexibility in designing closures
because a hybrid closure is possible. Hybrid closure
occurs when only certain requirements in the closure
standards are relevant and appropriate. Depending on
the site circumstances and the remedy selected, either
dean closure, landfill closure, or a combination of
both may be used.
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The proposed revisions to the NCP discuss the
concept of hybrid closure (53 FR 51446). The NCP
illustrated the following possible hybrid closure
approaches: (1) hybrid-clean closure; and (2) hybrid-
landfill closure, which combines elements of clean
closure and closure with waste in place, as described
in Highlight 6.
Highlight 6: HYBRID-CLEAN AND
HYBRID-LANDFILL CLOSURES
Hybrid-Clean Closure: Used when leachate
will not impact the ground water (even though
residual contamination and leachate are above
health-based levels) and contamination does
not pose a direct contact threat
- No covers or long-term management are
required;
- Fate and transport modeling and model
verification are used to ensure that
ground water is usable; and
- A property deed notice is used to indicate
the presence of hazardous substances.
Hybrid-Landfill Closure: Used when residual
contamination poses a direct contact threat,
but does not pose a ground-water threat
- Covers, which may be permeable, are used
to address the direct contact threat;
. Limited long-term management includes
site and cover maintenance and minimal
ground-water monitoring;
. Institutional controls (e.g., land-use
restrictions or deed notices) are used as
necessary.
The two hybrid closure alternatives are constructs of
applicable laws but are not themselves promulgated
at this time. These alternatives are possible when
RCRA requirements are relevant and appropriate, but
are not available when closure requirements are
applicable.
AFTERWORD; MINIMUM TECHNOLOGY
REQUIREMENTS
While every unit to which RCRA applies must be
closed in accordance with RCRA closure requirements
(as discussed in Pan n of this Fact Sheet), the
minimum technology requirements (MTR) apply only
to a subset of these regulated units. The MTR
require installation of double liners and a leachate
collection system, in addition to compliance with other
design standards.
The MTR apply only to new units, replacement
units.0 and lateral expansions of existing landfills (40
CFR 254301(c)) and surface impoundments (40 CFR
254.221(c)).fc>c Therefore, an existing landfill or AOC
would not be subject to MTR, even if disposal of
hazardous waste occurred as part of the CERCLA
action. The unit or AOC would, however, be subject
to RCRA closure standards for landfills. Although
not applicable, MTR may be relevant and appropriate
depending on the circumstances of the release and the
site.
" A replacement unit is further defined as an existing unit that meets the following criteria: (1) the unit is taken
out of service; (2) all or substantially all of the waste is removed; and (3) the unit is reused, which does not include
removal and replacement of waste into the same unit
* In addition, as of November 19, 1988, existing surface impoundments that actively receive wastes must be
retrofitted to comply with MTR (with some limited exceptions).
c LDR requires that certain restricted wastes, such as soft hammer wastes, be disposed of in a unit that meets
MTR, and therefore can trigger MTR indirectly (see Superfund LDR Guide #3. OSWER Directive 93473-03FS).
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