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UNITED STATES ENVIRONMENTAL PROTECTION A
WASHINGTON, D.C. 20460
CY
APR I T 1995
OSWER Directive 9375.5-20
MEMORANDUM
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
SUBJECT: New Waste Capacity Assurance Language for Superfund
State Contracts and Remedial Cooperative Agreements
FROM:
TO:
Stephen D. Luftig, Acting Director
Office of Emergency and Remedial Response
Director, Waste Management Division
Regions I, IV, V, VII
Director, Emergency and Remedial Response Division
Region II .
Director, Hazardous Waste Management Division^
Region III, VI, VIII, IX
Director, Hazardous Waste Division
Region X
Director, Environmental Services Division
Regions I, VI, VII
PURPOSE
The purpose of this memorandum, is to provide you with new
language to include in new State Superfund Contracts or Remedial
Action Cooperative Agreements regarding the hazardous waste
management capacity assurance required by the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,
as amended (CERCLA).
BACKGROUND
Section 104 (c) (9) of CERCLA requires that the President will
not provide any remedial action within a State unless the State
first enters into a contract or cooperative agreement assuring
that adequate capacity exists to manage hazardous wastes
generated in the State for 20 years following the date of the
response agreement. Under a program the Environmental Protection
Agency (EPA) implemented to help States fulfill this statutory
mandate, States submitted Capacity Assurance Plans (CAPs) as the
basis for this assurance. The Agency then .conducted an
assessment of data from these plans to analyze the future
availability of management capacity nationally for the next 20
years. The Agency's 1995 National Assessment indicates that
adequate capacity exists nationwide through the year 2013.
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsiimer) .
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IMPLEMENTATION
Based on the National Assessment, the Agency has developed
the following new capacity assurance language that should be used
in all new Superfund State contracts or remedial action
cooperative agreements signed between EPA and States. Previous
language based on 1992 CAP updates is obsolete as a result of the
assessment.
EPA's 1995 National Assessment of hazardous waste
treatment and disposal capacity shows that there is
adequate national capacity through the year 2013. This
assessment included data provided by the State of (name
of State). Based upon the assessment and.other data,
as appropriate, EPA believes that there will be
adequate national hazardous waste treatment and
disposal capacity during the 20-year period following
signature of this (contract or agreement). (Name of
State) hereby assures the availability of hazardous
waste treatment or disposal facilities for the next 20
years, following signature of this (contract or
agreement), pursuant to CERCLA 104(c)(9), 42 U.S.C.
9604(c) (9) .
If you have any questions regarding this language, please
contact Laura Lopez of the Capacity Programs Branch of the Office
of Solid Waste at 703-308-8440 or Alan Youkeles of the State and
Local Coordination Branch of the Office of Emergency And Remedial
Response at 703-603-8784.
cc: Assistant Regional Administrator for
Planning and Management Division, Region I, V,
Assistant Regional Administrator for
Policy and Management, Region II, III, IV, VII, VIII,
IX, X
Assistant Regional Administrator for
Management, Region VI
Regional Waste Management Branch Chiefs
Regional Removal Managers
Regional Counsels
Earl Salo, OGC
Steven Pressman, OGC
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