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

-------