United States Solid Waste and EPA530-F-99-042
Environmental Protection Emergency Response October 1999
Agency (5305W) http://www.epa.gov
Office of Solid Waste
&EPA Environmental
EPA Discontinues Action on 1990
Subpart S Proposal
The Environmental Protection Agency (EPA) is resolving uncertainties
associated with the Agency's 1990 proposed regulations for the corrective action
program by partially withdrawing the proposed rule provisions. Instead of
pursuing the 1990 proposal, the Agency intends to promote a results-based
approach to the corrective action program, thereby improving the efficiency of
cleanups at hazardous waste facilities.
Background
In 1990, EPA proposed detailed regulations to govern the technical and
procedural aspects of corrective action implementation under the Resource
Conservation and Recovery Act (RCRA). EPA and the authorized States used the
proposed rule as the primary guidance for the corrective action program for
several years.
In 1996, the Agency published and Advance Notice of Proposed Rulemaking
(ANPRM), which provided guidance on areas of the program not addressed by the
1990 proposal, and replaced the 1990 proposal as the primary guidance for much
of the corrective action program. In the ANPRM, the Agency also announced its
new "Subpart S Initiative," which was designed to identify and implement
improvements to the protectiveness, responsiveness, speed, and efficiency of the
corrective action program. As part of the Subpart S Initiative, the Agency
assessed the issue of whether to promulgate a final Subpart S rule.
In July, 1999, the Agency announced the RCRA Cleanup Reforms, which are a
comprehensive effort to address the key impediments to cleanups, maximize
program flexibility, and spur progress toward a set of ambitious national cleanup
goals. As part of the RCRA Cleanup Reforms, the Agency announced its intention
to withdraw most provisions of the 1990 proposed rule, thereby paving the way for
implementation of more flexible corrective action approaches.
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Action
The Agency is withdrawing most provisions of the 1990 proposed regulations
on corrective action (55 FR 30798). The only exceptions to this decision relate to
two juris diction al issues and those elements of the proposed rule that were
promulgated in 1993.
EPA is taking this action because it has determined that the existing
regulations and guidance allow the Agency and states to implement a corrective
action program that is protective of human health and the environment.
Additionally, attempting to promulgate a comprehensive set of RCRA regulations
at this time could unnecessarily disrupt the 33 state programs already authorized
for corrective action.
For More Information
The Federal Register notice and this fact sheet are available in electronic
format on the Internet at .
For additional information or to order paper copies of any documents, call the
RCRA Hotline. Callers within the Washington Metropolitan Area must dial 703-
412-9810 or TDD 703-412-3323 (hearing impaired). Long-distance callers may call
1-800-424-9346 or TDD 1-800-553-7672. The RCRA Hotline operates weekdays,
9:00 a.m. to 6:00 p.m. Address written requests to the RCRA Information Center
(RIG) (5305W), USEPA, 401 M Street, SW, Washington, DC 20460. The e-mail
address is RCRA-Docket@epa.gov.
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