United Slates
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
sxEPA
DIRECTIVE NUMBER: 9834.11*
TITLE: Off-Site Policy: RFA or Equivalent Investigation
Requirement at RCRA Treatment
and Storage Facilities.'
t t
APPROVAL DATE: January 4, 1988
EFFECTIVE DATE: January 4, 1988
ORIGINATING OFFICE: OWPE
Q FINAL
D DRAFT
*.«.* * ""
LJEVEL OF DRAFT
1 * *
13 A Signed by AA or DAA
D 8 Signed by Office Director
O C Review & Comment
REFERENCE (other documents): 9834.11 Revised..off-sit«
SWER OSWER QSWER
DIRECTIVE DIRECTIVE Dl
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United States Environmental Protection Agency
Washington. DC 20460
OSWER Directive initiation Request
1 Directive Numoer
9834.lla
2. Originator Information
*lame of Contact Person
Nancy Browne
Mail Code
WH-527
Office
OWPE
Telephone Code
475-9326
3. Title
Off Sice Policy: RFA or Equivalent Investigation Requirement at RCRA Treatment
and Storage Facilities.
4 Summary or Directive (include brief statement of purpose)
Modification of RFA criterion ( need to have an RFA completed) for subtitle C
treatment and storage facilities. Requirement will be phased in over a period
to end 6/U88.
5. Keywords
Off-Site Policy, CERCLA Waste, Superfund Waste, RFA*s
6a. Does This Directive Supersede Previous Uirective(s)'
b Does It Supplement Previous Directrve(s)'
No
No
Yes What directive (number, title)
Yes What directive (number, title)
9834.11 Revised... Off-site,
7 Draft Level
A - Signed by AA/DAA
8 - Signed by Office Director
C - For Review & Comment
D - In Development
8. Document to be distributed to States by Headquarters?
Yes
I*]
No
This Request Meets OSWER Directives System Format Standaid*.
9 Signafur^ of Lead Office Directives Coordinator
/MZi&si /n. /jJju-*^
10 Name and Title ol Approving Official
Date .
₯/«, /FP
f /*//**
Date
EPA Form 1315-17 (Rev. S-87) Previous editions are obsolete.
OSWER OSWER OSWER 0
IE DIRECTIVE DIRECTIVE DIRECTIVE
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Directive Number: 9834.LLa
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, O.C. 204CO
JAN 4
SOLID WASTE ANQ
MEMORANDUM
SUBJECT: /vOff-site Policy: KFA or Equivalent Investigation
\ 1 -~ A Treatment and Storage Facilities
ssistant Adminstrator
TO: Waste Management Division Directors
Regions I - X
Section 121{d)(3)(B) of the Super fund Amendments and
Reauthorization Act (SARA) requires EPA to determine that
non-receiving units at land disposal facilities are either
not releasing hazardous wastes or constituents into the ground-
water* surface water/ or soil, or that releases are being controllec
under a corrective action program. In tne Revised Procedures
for Planning and Implementing Off-site Response Actions (OSWER
Directive Ho. 9834.11, November 13. 1987) (revised Off-site
Policy)* which were effective upon issuance, BPA extended this
requirement to all Subtitle C facilities. Therefore* the revised
Off-site Policy specifies that all RCRA Subtitle C facilities
must have undergone a RCRA Facility Assessment (RFA) or equivalent
investigation before they can be determined to be acceptable
for the receipt of Superfund wastes. However » several Regions
have commented on the difficulty of immediately carrying out
RFAs at RCRA treatment and storage facilities, and after considering
their concerns, I am modifying this criterion as it applies to
Subtitle C facilities other than land disposal facilities.
KMBeV (or equivalent investigations) have been completed
for taemsBt all of the operating land disposal facilities, due
large-J^-to the mandate in SARA section 121(d)(3)(B) and the
Moves**)* 1988 permitting deadline for land disposal facilities.
RPA't «t other RCRA facilities were generally a lower priority,
meaning that a smaller percentage of these facilities have
received an RPA or equivalent investigation to date. HPAs must
be promptly performed at non-land disposal facilities in order
to meet the goals and requirements of the revised Off-site Policy,
and to keep open important options for the off-site management of
Superfund wastes. At the same time, I recognize that RFAs
cannot be accomplished without some delay.
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Directive Number: 9834.lla
-2-
Therefore, as an interim measure, I am modifying ir.e
requirement foe an RFA or equivalent investigation at Subcule
C facilities other than land disposal facilities. This criterion
may be phased in over a period to end June I/ 1938. There
are two obligations accompanying -this modification:
o facilities with known releases should not be used,
regardless of whether an RFA or equivalent investigation
has been completed, unless the releases are being addressed
by corrective action: and
o commercial treatment and storage facilities (other than
those with known releases) should be prioritized to
receive RFAs or equivalent investigations as soon as
possiblei but no later than June 1, 19S8.
I anticipate that this modification to the Off-site Policy
will ease the immediate implementation burden as well as provide
the Superfund program with critically needed capacity. If you
have any questions regarding this modification, please contact
Elaine Stanley, Director, RCRA Enforcement Division.
cc: RCRA Branch Chiefs
Superfund Branch Chiefs
RCRA Regional Off-site Coordinators
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