1EMEMBER
The Off-site Rule applies to any
remedial or removal action under any
CERCLA authority or using any Fund
money; response actions under §311 of
the Clean Water Act (except cleanup of
petroleum products); and cleanups at
Federal Facilities under §120 of SARA.
Ensure that a receiving facility's
permit or Interim status authorizes the
receipt of the wastes anticipated to be
transferred.
Contact the appropriate ROC
Immediately prior to sending wastes off-
site to ensure the receiving facllty Is
acceptable.
Wastes that are treated on-sfte are
still subject to the rule when transferred
off-site.
PRPs must have prior approval from
an OSC before sending waste to a facility In
an emergency situation when human health
or the environment is threatened.
Regional Off-Site Contacts
Region 1 Ken Rota (617) 918-1751
Region 2 Mark Pane (732) 906-6872
Regions David Toth (215)814-3443
Region 4 Edmond Burks (404) 562-8587
Regions William Damico (312)353-8297
Region 6 Ron Shannon (214) 665-2282
Region 7 Deborah Finger (913)551-7164
Regions Terry Brown (303)312-6419
Region 9 Kandace Bellamy (415) 972-3304
Region 10 Xiang-yu Chu (206) 553-2859
United States
Environmental Protectio
Agency
EPA 9834.11FJ
Solid Waste and Emergency Response
Overview of tfu
Off-site
for OSCs antf PPMs
The Procedures for Planning and
Implementing Off-site Response
Actions (FR 58 September 22, 1993)
describes procedures that should be
observed when a response action under
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) involves off site
storage, treatment or disposal of
CERCLA wastes.
The purpose of the Off-site Rule
is to avoid having wastes from CERCLA
authorized of funded response actions
contribute to present or future
environmental problems by directing
these wastes to management units
determined to be environmentally
sound.
CERCLA §121(d)(3) requires that
hazardous substances, pollutants or
contaminants transferred off-site for
treatment, storage or disposal during a
CERCLA response action be transferred
to a facility operating in compliance
with §3004 and §3005 of RCRA and all
other applicable Federal laws and all
applicable State requirements.
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Role Of OSCs and RPMs
OSCs and RPMs play a critical role
in ensuring effective implementation of the
Off-site Rule. They must determine if the
facility's permit oHnterim status authorizes:
1) the receipt of the wastes th at would be
transported to the facility; and 2) the
process contemplated for the waste. They
are also responsible for .contacting the
Regional Off-site Contact (ROC) in the
region where the receiving facility is located
prior to wastes being shipped.
Acceptability Status
The ROC will provide the current
acceptability status of the facility to receive
CERCLA waste. Often, an off-site
determ ination is specific to particular units
within a facility, rather than to an entire
facility. Because of the dynamic nature of
compliance conditions at these units or
facilities, it is importantto re check a facility's
status prior to each shipment of waste.
A facility that has received a notice
of unacceptability (issued by the ROC)
has a 60-day period during which it may
continue to reCelveCERGLA wastes while
it addresses the violations cited. The ROC
and OSC/RPM should maintain close
coordination throughoutthe 60-day period.
On the 60th day after issuance of the
unacceptability notice, the OSC or RPM
must stop transfer of wastes to the facility
and/or stop the transfer of CERCLA waste
already received by the facility from its storage
unit to an unacceptable unit if the facility or
receiving unit has not regained its
acceptability. Transfers within a facility are
more difficult for a ROC to monitor and thus
the Agency contemplates that restrictions on
such transfers under the Off-site Rule will be
included in contracts for off-site disposal or
treatment of wastes. If the primary facility
becomes unacceptable, the acceptability
status of the backup or secondary receiving
facility must be checked with the ROC.
The disposal contract between the
Agency and the company chosen to manage
the disposal of CERCLA wastes off-site
should specify the primary facilities that will
receive the wastes for ultimate treatment,
storage or disposal, as well as alternate
facilities.
Emergencies
Although compliance with the rule is
mandatory for removal and remedial actions,
OSCs may determine that an emergency
exists and that the need for fast action
prevents ensuring that all of the criteria in the
rule are met. This exemption may be used if
the OSC believes the threat to human health
and the environment posed by the
substances requires a removal action without
observing the rule procedures. Temporary
solutions, such as interim storage, should be
considered to allow time to locate an
acceptable facility. If this exemption is used,
the OSC must provide a written explanation
to the Regional Administrator within 60 days
of taking the action.
Inspections
OSCs and RPMs do not have the
authority to conduct inspections for
purpose of compliance determinations
under the rule. If a facility has not been
inspected for off-site acceptability, contact
the ROCtogetthat facility on the inspection
schedule. In emergency situations, the
OSC should make every effort to use the
most environmentally sound facility.
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