UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
              WASHINGTON, D.C. 20460
                                                             ,00
                            APR I 7
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                                               OSWER Directive 9375.5-20
MEMORANDUM
                                                           OFFICE OF
                                                      SOLID WASTE AND EMERGENCY
                                                           RESPONSE
 SUBJECT:
FROM:
TO:
New Waste  Capacity Assurance Language for Superfund
State  Contracts  and Remedial Cooperative Agreements

Stephen D.  Luftig,  Acting Director
Office of  Emergency and Remedial Response

Director,  Waste  Management Division
  Regions  I,  IV, V,  VII
Director,  Emergency and Remedial Response Division
  Region II                                  .
Director,  Hazardous Waste Management Division^
  Region III, VI,  VIII,  IX
Director,  Hazardous Waste Division
  Region X
Director,  Environmental Services Division
  Regions  I,  VI, VII
PURPOSE
     The purpose of this memorandum, is to provide  you with new
language to  include in new State Superfund Contracts or Remedial
Action Cooperative Agreements regarding the hazardous waste
management capacity assurance required by the  Comprehensive
Environmental  Response,  Compensation, and Liability Act of 1980,
as amended  (CERCLA).
BACKGROUND

     Section  104 (c) (9)  of CERCLA requires that  the  President will
not provide any remedial action within a State  unless the State
first enters  into a  contract or cooperative agreement assuring
that adequate capacity exists to manage hazardous wastes
generated in  the State for 20 years following the date of the
response agreement.   Under a program the Environmental Protection
Agency  (EPA)  implemented to help States fulfill this statutory
mandate, States submitted Capacity Assurance Plans  (CAPs) as the
basis for this assurance.  The Agency then .conducted an
assessment of data from these plans to analyze  the  future
availability  of management capacity nationally  for  the next 20
years.  The Agency's 1995 National Assessment indicates that
adequate capacity exists nationwide through the year 2013.
         Recycled/Recyclable • Printed with Vegetable Oil Based InKs on 100% Recycled Paper (40% Postconsumer) .

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IMPLEMENTATION

     Based on the National Assessment, the Agency has developed
the following new capacity assurance language that should be used
in all new Superfund State contracts or remedial action
cooperative agreements signed between EPA and States.  Previous
language based on 1992 CAP updates is obsolete as a result of the
assessment.

     EPA's 1995 National Assessment of hazardous waste
     treatment and disposal capacity shows that there is
     adequate national capacity through the year 2013.  This
     assessment included data provided by the State of (name
     of State).  Based upon the assessment and.other data,
     as appropriate, EPA believes that there will be
     adequate national hazardous waste treatment and
     disposal capacity during the 20-year period following
     signature of this (contract or agreement).   (Name of
     State) hereby assures the availability of hazardous
     waste treatment or disposal facilities for the next 20
     years, following signature of this (contract or
     agreement), pursuant to CERCLA 104(c)(9), 42 U.S.C.
     9604 (c) (9) .

     If you have any questions regarding this language,  please
contact Laura Lopez of the Capacity Programs Branch of the Office
of Solid Waste at 703-308-8440 or Alan Youkeles of the State and
Local Coordination Branch of the Office of Emergency And Remedial
Response at 703-603-8784.

cc:   Assistant Regional Administrator for
       Planning and Management Division,  Region I,  V,
     Assistant Regional Administrator for
       Policy and Management,  Region II,  III,  IV,  VII, VIII,
         IX,  X
     Assistant Regional Administrator for
       Management,  Region VI
     Regional Waste Management Branch Chiefs
     Regional Removal Managers
     Regional Counsels
     Earl Salo,  OGC
     Steven Pressman, OGC

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