PB90-274507
United States
Environmental Protection
Agency
Office ol
Solid Waste And Emergency
Response
c/EPA
FACT SHEET NUMBER: 9375.5-09/FS
TITLE: CERCLA Waste Capacity Assurance
APPROVAL DATE: August 1990
EFFECTIVE DATE: August 1990
ORIGINATING OFFICE: OSWER/OERR/HSCD
0 FINAL
~ DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
FACT SHEET FACT SHEET
REPRODUCED BY
U.S. DEPARTMENT OF COMMERCE
NATIONAL TECHNICAL
INFORMATION SERVICE

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REPORT DOCUMENTATION PAGE	Form Approved OMB No. 0704-0188
1
1 ?3y0-2 7 450 7
2. Report Date:
August
i 990
3. Report Type And Dates Covered:
FACT SHEET
4. Title And Subtitle: CERCLA Waste Capacity
Assurance
5. Funding Numbers:
6. Author(s):
7. Performing Organization Names And Addresses:
Environmental Protection Agency
Office of Solid Waste and Emergency Response
4 01 M Street, SW
Washington, DC 20460
8. Performing Organization
Report Number:
EPA/9375.5-09/FS
9. Sponsoring/Monitoring Agency Name(s)
And Address(es):
Environmental Protection Agency
Office of Emergency and Remedial Response
4 01 M Street, SW
Washington, DC 20460
10. Sponsoring/Monitoring
Agency Report Number:
11. Supplementary Notes:
12a. Distribution/Availability Statement:
12b. Distribution Code:
13. Abstract: Discusses waste capacity assurance, which is one of the five
assurances required of a State by CERCLA before the hazardous waste Trust
Fund (Superfund) can be used for a remedial action. This- short" sheet descri
bes the statutory goals associated with the waste capacity assurance, the
Capacity Assurance Plan (CAP), and additional sources of information.
14. Subject Terms:
SUPERFUND DOCUMENT: Remedial
;

15. Number Of Pagss:
5

16. Price Code: A01
17. Report Security
Classication:
18. Page Security
Classication:
19. Abstract Security
Classication:
20. Media:

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United States	Office of	Publication No.
Environmental Protection Solid Waste and	9375.5-09/FS
Agency	Emergency Response	August 1990
&EPA CERCLA Waste
Capacity Assurance
Office of Emergency and Remedial Response
Hazardous Site Control Division (OS-220)	Quick Reference Fact Sheet
INTRODUCTION
CERCLA STATE
ASSURANCES:
•	20-Year Waste
Capacity
•	Off-Site Treatment
or Disposal
•	Cost Sharing
•	Operation and
Maintenance
•	Real Property
Acquisition
Waste capacity is one of the five assurances required of a State by the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA). The other
assurances are for off-site storage, treatment or disposal; cost sharing; operation and
maintenance; and real property acquisition. Before the hazardous waste Trust Fund can
be used for remedial action, a State must assure EPA that it is able to treat or dispose of
all hazardous waste that will be generated in the State during the next 20 years.
Specifically, the State must assure availability of hazardous waste treatment or disposal
facilities which:
•	Have adequate capacity for disposal or treatment of all hazardous wastes
generated in the State during the next 20 years
•	Are within the State, or outside the State in accordance with an interstate or
Regional agreement
Are acceptable to EPA and comply with requirements of Subtitle C of the
Solid Waste Disposal Act.
The State must demonstrate to EPA that it has a plan to implement its waste capacity
assurance. With EPA approval of the State's plan, cleanup can proceed if the State
provides all the necessary assurances in a legally binding document (i.e., a
Cooperative Agreement or Superfund State Contract). Indian Tribes, though treated
essentially as States in the Superfund program, are not required to provide the waste
capacity assurance. This short sheet describes the statutory goals associated with the
waste capacity assurance, the Capacity Assurance Plan (CAP), and additional sources
of information.
Hazardous
Waste
Capacity
Hazardous
Waste
Generation
STATUTORY GOALS
The purpose of the waste capacity assurance is to limit and manage the amount
of hazardous waste generated in the United States each year by encouraging
waste minimization and recycling, interstate agreements, and efficient and
realistic hazardous waste management systems. Through implementing the
waste capacity assurance, EPA hopes to encourage longer term planning and
ultimately source reduction, an economically and environmentally sound
method for improving hazardous waste management. In this way, the waste
capacity assurance can help balance hazardous waste generation and the
capacity available to handle it.

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THE CAPACITY ASSURANCE PLAN
To demonstrate that it can implement its assurance, the State submits a Capacity
Assurance Plan (CAP). EPA reviews the CAP on the basis of the State's projected
hazardous waste generation, imports, and exports.; hazardous waste minimization and
recycling plans; and current and projected hazardous waste management systems. EPA
will approve the CAP if it:
CAP
State plan for
implementing
the waste
capacity
assurance.
Provides reasonable assurance that a State has adequate capacity to manage its
hazardous waste for the next 20 years
Demonstrates that the State has the commitment and capability to carry out the
plan (such as through commitment to specific milestones)
Provides documentation of interstate or Regional agreements for imports and
exports.
EPA gives priority to reviewing and supplementing CAPs from States where Superfund
remedial actions are likely to occur. EPA can deem a CAP adequate as submitted,
adequate if supplemental conditions are incorporated, or inadequate, and may suggest
improvements even for CAPs deemed adequate as submitted.
ADDITIONAL INFORMATION

Requirements for the waste capacity assurance are described in detail in CERCLA and
EPA regulations and directives:
•	CERCLA 104(c)(9)
TheNational Oil and Hazardous Substances Contingency Plan (NCP), 40 CFR
300.510(e)
Cooperative Agreements and Superfund State Contracts for Superfund Response
Actions, 40 CFR 35.6105(b)(3)
•	OSWER Directive 9010.00a, which describes EPA's policies and procedures
for reviewing a Capacity Assurance Plan
OSWER directives in the 9375.5 series, which pertain to State involvement in
the Superfund program.
For specific information on the CAP review process, contact the Office of Solid Waste
and Emergency Response at 202-245-3529. For additional information on the
Superfund program, contact the RCRA/Superfund Hotline at 202-382-3000 or 1-800-
424-9346. For a complete list of Superfund directives and publications, contact the
Superfund Docket and Information Center (SDIC) at 202-382-6940.
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