&EPA
United Slates
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
9330,1-01
TITLE: Requirements For Selecting An Off-Site Option
In A Superfund Response Action
APPROVAL DATE: 01/28/83
EFFECTIVE DATE: 01/28/83
ORIGINATING OFFICE: OERR/OPM
SPINAL
H DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE D
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03/19/87 United States Environmental Protection Agency
Washington, D.C. 20460
EPA OSWER Directive Initiation Request
1. Directive Number
9330.1-01
2. Originator Information
Name of Contact Person
ENGELBERT
Mall Code
Office
OERR/OPM
Telephone Number
382-2441
3. Title
REQUIREMENTS FOR SELECTING AN OFF-SITE OPTION
IN A SUPERFUND RESPONSE ACTION
4. Summary of Directive (Include brief statement of purpose) •
Addresses the interface between RCRA and CERCLA
for the off-site treatment, storage or disposal of
hazardous substances. Establishes general Agency
policy applicable to both removal and remedial
actions. Also establishes specific criteria for
remedial actions for determining when hazardous
substances may be transported off-site for
treatment, storage or disposal for selecting an
appropriate off-site hazardous waste management
facility. (Signed W. Hedeman, January 28, 1983)
5. Keywords
' SUPERFUND, CERCLA, RESPONSE ACTION, RCRA, RCRA/CERCLA INTERFACE,
POLICY AND PROCEDURE ;
6a. Does this Directive Supersede Previous Dlrectlve(3)?| | yes
No
What directive (number, title)
b. Does it Supplement Previous Dlrectlves(s)?
J yes I X| NO What directive (number, title)
7. Draft Level
A - Signed by AA/DAA
B - Signed by Office Director
C - For Review & Comment
In Development
This Request Meets OSWER Directives System Format
8. Signature of Lead Office Directives Coordinator
Date
9. Name and Title of Approving Official
W. HEDEMAN
Date
;01/28/83
OSWER OSWER OSWER
DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JAN 2 8 I
MEMORANDUM
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER Directive 9330.1-1
SUBJECT: Requirements for Selecting an Off-Site Option in a Superfund
Response Action "\
FROM:
TO:
William N. Hedeman, Jr., Direct
Office of Emergency and Remedial Re,
Regional Administrators
Attn: Superfund Coordinators
Regions I-X
(WH-548)
PURPOSE
This memorandum addresses the interface between the Resource Conservation
and Recovery Act (RCRA) and the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA, commonly known as Superfund)
for off-site treatment, storage or disposal of hazardous substances.
The purpose of this memorandum is two-fold. First, this memorandum establishes
a general Agency policy applicable to both removal and remedial actions.
That general policy is that all hazardous substances transported off-site
for storage, treatment or disposal sfiould be taken to a hazardous waste
management facility that either has an applicable permit issued by EPA (or
an authorized State) or has applicable interim status under section 3005(e)
of RCRA (or the analogous State provision in an authorized State). Secondly,
this memorandum establishes specific criteria for remedial actions for
determining when hazardous substances may be transported off-site for
treatment, storage, or disposal and for selecting an appropriate off-site
hazardous waste management facility.
LEGISLATIVE BACKGROUND FOR REMEDIAL ACTIONS
Section 104(c)(4) requires all remedial actions to be cost-effective.
Further, section 104(c)(3)(B) prohibits Federal remedial action unless
the State will assure the availability of a hazardous waste disposal
facility acceptable to the President and in compliance with the
requirements of subtitle C of the Solid Waste Disposal Act for
any necessary off-site storage, destruction, treatment, or secure
disposition of the hazardous substances ...
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The President's authority to make this determination has been delegated
to the Administrator of EPA for those sites where EPA is the lead Federal
agency. This authority has been redelegated to the Assistant Administrator
of the Office of Solid Waste and Emergency Response.
POLICY
It is EPA's policy that:
1. For both removal and remedial actions; All hazardous substances^
transported off-site for storage, treatment or disposal should be taken to
a hazardous waste management facility that either has an applicable2 RCRA
permit issued by EPA (or an authorized state) or has applicable interim
status under section 3005(e) of RCRA (or the analogous state provision in
an authorized State).
2. For remedial actions; Storage, treatment and disposal of
hazardous substances at off-site hazardous waste management facilities
must be cost-effective in comparison to other response actions that would
also provide adequate protection of public health, welfare and the environment.
3. For remedial actions; A RCRA compliance inspection must be
performed at any hazardous waste management facility before it can receive
hazardous substances from a CERCLA funded response. The inspection must
demonstrate that there are no significant violations that affect the
satisfactory operation of the facility.
1 It is important to realize that all substances designated as "hazardous"
under CERCLA are not necessarily hazardous "wastes" as defined in RCRA.
Hazardous wastes are a subset of hazardous substances. While all hazardous
substances that are transported off-site should go to a hazardous waste
management facility, hazardous substances which are not hazardous wastes
are not legally subject to RCRA regulations.
2 Both permits and interim status apply to specific wastes and specific
storage, treatment or disposal processes. It must be determined that the
facility has a permit or interim status that includes the wastes that
would be transported to the facility and includes the type of process for
which the wastes are being taken to the facility. Because of these concerns,
it is important that selection of a facility be coordinated with RCRA
Regional personnel.
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IMPIJEMENTATION FOR REMEDIAL ACTIONS
1. Cost Effective Determination
The determination whether off-site treatment/ storage or disposal is more
cost-effective than on-site options must be made either in the Remedial Action
Master Plan (RAMP) or during the feasibility study phase of remedial planning.
The National Contingency Plan discusses three potential types of actions that may
involve off-site facilities: initial remedial measures, source controls and
off-site measures. When initial remedial measures are being considered, the RAMP
should include the evaluations of alternatives necessary to determine that
off-site treatment, storage, or disposal is more cost-effective than on-site
alternatives. When source_control or off-site measures are being considered,
this evaluation will be done in the feasibility study. The analysis must
consider the factors described in sections 300.68(h) and (i) of the National
Contingency Plan, which include cost, technical, and environmental factors.
2. Choice of Hazardous:Waste Management Facility
Any hazardous waste management facility that has an applicable permit or
has applicable interim status may be considered for off-site storage,
treatment or disposal. However, if a RCRA compliance inspection has not
been completed within tha last 12 months, a new inspection must be completed
prior to award of a contract for storage, treatment or disposal. Violations
that can adversely affect the facility's performance must be corrected
before a contract or sub-contract can be awarded.
RCRA compliance inspections must be coordinated between Superfund and
RCRA Regional personnel. Current strategy for the Office of Waste Programs
Enforcement assures that all major treatment, storage, and disposal facilities
and a substantial portion of the remaining facilities will be inspected
during FY '83. When a compliance inspection is not scheduled for a hazardous
waste management facility considered for off-site disposal, REty/FIT personnel
should conduct the inspection under the direction of RCRA Regional personnel.
The inspections checklist included in the RCRA inspection manual (July 24,
1981) should be used during the compliance inspection. In States with
Phase I or II interim authorization or final authorization, the inspection
should be conducted using State regulations and permit conditions. Confer
with RCRA Regional personnel regarding State/EPA agreements as to who is
authorized to conduct such inspections.
If, in the judgment of the Regional reviewers, the deficiencies at a
facility may result in unsound treatment, storage or disposal practices,
or pose a threat of future releases, the facility should not be selected
for receiving hazardous substances from CERCLA projects. On the other
hand, if deficiences are minor and will not affect its performance, the
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facility may be acceptable.3
Contract documents for remedial actions involving off-site treatment,
storage, or disposal should describe this requireinent and provide a mechanism
for consideration and approval of facilities. Various mechanisms may be
appropriate and should be selected after consultation with State personnel.
A pre-qualified list of acceptable facilities is the preferred method and
can -toe prepared on a State-wide or on a project specific basis. Off-site
facilities should be given the opportunity to demonstrate compliance with
this policy prior to award of the cleanup contract. An alternative method
is to require each bidder to provide the documentation as part of their bid
submission. This would be evaluated with the entire bid to determine if
proposed off-site facilities are in compliance with this policy. If required,
RCRA compliance inspections should be scheduled to avoid delaying contract
award. Inspections for potential off-site facilities on Superfund projects
should be given high priority to expedite this process.
This requireinent for inspection is not applicable to removal actions
due to time constraints. However, even for removal actions, Agency policy
encourages transport of hazardous substances to hazardous waste management
facilities that have been inspected and found to be acceptable.
3. Transportation Requirements
If an off-site alternative is chosen, the Lead agency's representative
or designee is responsible for preparing a manifest in compliance with 40
CFR Part 262 or applicable State requirements for transportation of hazardous
wastes. Furthermore, the lead agency's representative or designee should
ensure that the transporter properly notifies under RCRA §3010.
For additional information on this matter, please contact Bruce Clemens
at 382-2188.
3 The three memos dated July 7, 1981; January 22, 1981; and October 6,
1982; dealing with Guidance on Developing Compliance Orders under §3008 of
RCRA, define the three classes of compliance violations. In general, class
I violations should be considered significant. However, there may be
instances where even class III violations are significant. Special attention
should be given to selecting an interim status facility for land disposal.
Always check the ground water monitoring reports for evidence of leaking.
A facility that is doing only detection monitoring and not finding any
contamination is presumed not to be leaking; a facility engaged in "assessment"
monitoring is presumed to be leaking. The seriousness of the rate and
extent of migration from the facility should be evaluated before deciding
to transport wastes to a facility doing assessment monitoring.
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