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 ------- 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 ------- 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. ------- 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 ------- |