usfttK EC-G-2002-112
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHING TON. O.C. 20480	9401 • U 0 " 6
NOV I	o"icto*
w	W	SOLID WTASTi ANO 
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Taking this Interpretation and applying it to the example
in your memorandum, the ground water containing a listed
hazardous waste, once collected, Is subject to regulation
under the hazardous waste regulations. However, If as a
result of treatment, the ground water no longer contains the
hazardous waste leachate, the ground water would no longer be
subject to the hazardous waste rules.
Your letter also raises the "question of treatment of
ground water within the context of corrective action. If the
corrective action is taken at an interim status facility in
compliance with a §30OS(h) order, treatment can take place.
We are considering the possibility of amending the regulations
to clarify the relationship between corrective action and
the reconstruction ban (§270.72(e)). More broadly, the
Agency is currently examining the issue of whether permits
should be required for any corrective actions. We are also
developing rules for corrective action under RCRA §300«(u).
Until this analysis is completed, if the corrective action
takes place at a permitted facility, it can be handled as a
permit modification.
Please feel free to call Matt Straus,' of ray staff, if -
you have any further questions; his telephone number is ^75-
8551 (PTS).
cc: Hazardous Waste Division Directors,
Regions I-III and V-X
Gene Lucero, OWPE
Lloyd Guerci, OWPE
Mark Greenwood, 00C
Steve Silverman, OGC
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