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06/14/2007ENSURING EFFECTIVE AND RELIABLE INSTITUTIONAL CONTROLS AT RCRA FACILITIESMemo
 Description: This memorandum emphasizes the need for effective and reliable institutional controls at RCRA facility cleanups, corrective action, and closures where such controls are necessary to provide protection of human health and the environment. It sets forth a number of guiding principles and recommendations that can help EPA and state decision makers on the use of institutional controls at RCRA facilities.
 
04/01/2004Handbook of Groundwater Protection and Cleanup Policies for RCRA Corrective Action (for Facilities Subject to Corrective Action Under Subtitle C of the Resource Conservation and Recovery Act)Publication
 Description: This handbook was developed as part of the RCRA Cleanup Reforms announced by EPA in July 1999 and January 2001. The handbook helps meet the objectives of these reforms by reducing uncertainties and confusion about EPA’s policies concerning groundwater protection and cleanup at RCRA facilities. This revision updates Section 15.0, "Completing Groundwater Remedies, to ensure that the handbook is consistent with new guidance on completing corrective action at RCRA facilities (68 FR 8757; February 25, 2003). In addition, it updates internal navigational and external Internet links to ensure that resources and cited references are available to the reader. Although this version of the handbook is dated April 2004, the date at the beginning of each policy section reflects the last time EPA made substantive changes (i.e., beyond updating Internet links).
 
02/13/2003FINAL GUIDANCE ON COMPLETION OF CORRECTIVE ACTION ACTIVITIES AT RCRA FACILITIESMemo
 Description: Regions and authorized states make two types of determinations to acknowledge corrective action completion at RCRA facilities. "Corrective action completion with controls" is used where remedies require institutional or other controls for subsequent site use. "Corrective action completion without controls" is used where contamination is removed to levels requiring no further action or controls. EPA outlines general procedures to determine corrective action completion in both cases, but EPA and state agencies retain the discretion to adopt case-by-case approaches that differ from these procedures. EPA outlines procedures whereby agencies can make completion determinations for less than an entire facility (SEE ALSO: 68 FR 8757; 2/25/03)
 
01/28/2002MARJOL BATTERY SITE REMEDY SELECTIONMemo
 Description: EPA Region III considered a broad range of remedy alternatives for the Marjol site through the standard process for making remedial decisions under RCRA. EPA is convinced that the remedy selected for the site is protective and appropriate. Within the Office of Solid Waste and Emergency Response, the Technology Innnovation Office (TIO) serves as an advocate for innovative and effective remediation technologies.
 
10/31/2001CORRECTIVE ACTION GOALS AT CHEVRON FACILITIESMemo
 Description: EPA and the states have documented that both human exposures and the further migration of contaminated groundwater are controlled at six of the Chevron facilities on EPA’s baseline. While these two environmental indicators do not reflect corrective action completion, they are critical short-term milestones EPA uses to focus both facilities and regulators on achieving results and improving public confidence. In response to comments, EPA agrees that it needs to provide more finality on corrective action completion, supports efforts to focus results on expected end-uses of properties, and intends to look for flexibility in the upcoming Corrective Action Management Unit (CAMU) final rule.
 
10/01/2001Handbook of Groundwater Protection and Cleanup Policies For RCRA Corrective Action (Fact sheet)Publication
 Description: This fact sheet explains the content and uses of EPA's Handbook of Groundwater Protection and Cleanup Policies For RCRA Corrective Action (EPA530-R-04-030).
 
06/01/2001UNIVERSAL WASTE RELEASE RESPONSEQuestion & Answer
 Description: The cleanup residue resulting from the spill of a universal waste pesticide must meet the Part 273 definition of a universal waste pesticide in order to be managed as a universal waste. If the cleanup residue does not meet the definition of a universal waste, it is subject to all applicable Subtitle C requirements if it is hazardous.
 
05/15/2001LAND DISPOSAL RESTRICTION REQUIREMENTS FOR CHARACTERISTIC WASTESMemo
 Description: Characteristic wastewaters that are mixed with a solid waste and decharacterized are still subject to 268.40 standards, including treatment for underlying hazardous constituents (UHCs). Characteristic wastewaters may be mixed with solid wastes or otherwise diluted and then injected into deep underground wells or placed in surface impoundments subject to controls imposed by the Clean Water Act (CWA) without meeting 268.40 standards. An accidental spill of hazardous waste that is promptly cleaned up is not considered land placement. LDR treatment standards apply to contaminated soils that exhibit a characteristic or contain a listed waste. LDRs attach to a hazardous waste contaminated soil when it is excavated and when it is ultimately going to be placed in a land disposal unit. LDRs will apply until standards are met even if the soil is subsequently decharacterized. If a soil contaminated by a characteristic waste does not exhibit a characteristic when it is excavated, then LDRs do not apply. Any deliberate mixing of hazardous waste with soil in order to change its treatment classification is impermissible dilution and illegal.
 
01/01/2001RCRA Cleanup Reforms; Reforms II: Fostering Creative SolutionsPublication
 Description: This fact sheet discuss the 2001 RCRA Reforms which reinforce and build upon the 1999 Reforms and will pilot innovative approaches, accelerate changes in culture, connect communities to cleanup and capitalize on redevelopment, while maintaining protection of human health and the environment.
 
12/27/2000APPLICABILITY OF RCRA SECTION 3020 TO IN-SITU TREATMENT OF GROUND WATERMemo
 Description: NO SIGNED PAPER COPY AVAILABLE - Reinjection of treated groundwater to promote in-situ treatment is allowed under RCRA 3020(b) as long as certain conditions are met: groundwater must be treated prior to reinjection; treatment must be intended to substantially reduce hazardous constituents in groundwater either before or after reinjection; cleanup must be protective of human health and environment; and injection must be part of RCRA corrective action or response action under CERCLA 104 or 106 (SEE ALSO: OSWER Directive 9234.1-06; December 27, 1989).
 
11/13/2000IMPLEMENTATION OF VACATURE OF TCLP USE FOR EVALUATING MANUFACTURED GAS PLANT (MGP) WASTES IN THE BATTERY RECYCLERS CASEMemo
 Description: D.C. Court of Appeals vacated use of TCLP for evaluating manufactured gas plant (MGP) waste (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP waste cannot be classified as toxicity characteristic (TC) hazardous, since TCLP test is part of TC regulatory definition. MGP wastes unlikely to exhibit other characteristics. MGP wastes may be regulated under broader in scope state programs, state cleanup programs, or state industrial waste programs (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 10/19/00-01).
 
10/19/2000MANUFACTURED GAS PLANT (MGP) REMEDIATION WASTE Memo
 Description: TCLP cannot be used to determine whether manufactured gas plant (MGP) waste is hazardous due to court ruling (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP remediation waste is not listed but may be hazardous if exhibit ignitable, corrosive, or reactive characteristic, though unlikely. MGP remediation waste determined to be nonhazardous would be governed by state industrial or nonhazardous waste regulations (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 11/13/00-01).
 
07/18/2000GENERATOR TREATMENT OF SOIL IN A CONTAINERMemo
 Description: Generators may treat wastes in accumulation tanks and containers as long as they comply with the provisions of 262.34. Generator treatment exemption may apply to treatment of hazardous waste cleanups (SEE ALSO: RPC# 10/14/98-01). Authorized state program may have more stringent requirements.
 
12/03/1999CALL FOR REGIONAL/STATE RCRA BROWNFIELDS PILOT PROJECTSMemo
 Description: EPA looking for two to three national pilots for RCRA Brownfields Prevention Initiative. Pilot proposals should support and promote Agency’s goals of expediting clean up while preserving enforcement authority, maintaining accountability, and ensuring public involvement.
 
10/07/1999RESPONSE TO ADMINISTRATIVE PROPOSED REFORMS SUBMITTED BY THE RCRA CORRECTIVE ACTION PROJECTMemo
 Description: OSW responds to proposed administrative reforms for the RCRA Corrective Action program submitted by the RCRA Corrective Action Project (an industry group). Topics of discussion include the RCRA Facility Investigation (RFI), environmental indicators, solid waste management units (SWMUs), screening levels, ecological risk assessments, cleanup goals, point of compliance, alternate concentration limits (ACLs), Corrective Measures selection, monitored natural attenuation, and cooperation between OSW , states, and Regions.
 
07/01/1999RCRA Cleanup ReformsPublication
 Description: This fact sheet summarizes the RCRA Cleanup Reforms Initiative, which is designed to achieve faster, more efficient cleanups at RCRA sites.
 
03/19/1999APPLICATION OF AREA OF CONTAMINATION POLICY TO REMEDIATION OF WOOD TREATING SITESMemo
 Description: Area of contamination (AOC) policy provides that certain discrete areas of generally dispersed contamination can be considered as RCRA units (usually a landfill) and that consolidation and in-situ treatment conducted within AOC do not trigger land disposal restrictions (SEE ALSO: 63 FR 28620; 5/26/98). EPA believes that wood treating sites can be excellent candidates for use of AOCs.
 
02/05/1999INTERIM-FINAL GUIDANCE FOR RCRA CORRECTIVE ACTION ENVIRONMENTAL INDICATORSMemo
 Description: Interim final guidance for determining if a facility has met the RCRA corrective action environmental indicators (EI). Two indicators are used: CA725 (Current Human Exposures Under Control) and CA750 (Migration of Contaminated Groundwater Under Control). Environmental indicators are used to measure program performance for Government Performance Results Act (GPRA) purposes.
 
12/01/1998Proposed TSCA 403 Soil Lead Hazard and OSWER's Lead-in-Soils PolicyMemo
 Description: CERCLA and RCRA soil lead cleanups should follow the Interim Soil Lead Guidance for CERCLA Sites and RCRA Corrective Action Facilities (OSWER Directive 9200.4-27P; August 27, 1998). This guidance remains unaffected by the proposed Toxic Substances Control Act (TSCA) 403 rule (63 FR 30302; 6/3/98).
 
10/14/1998MANAGEMENT OF REMEDIATION WASTES UNDER RCRAMemo
 Description: This memo consolidates existing guidance on the RCRA regulations and policies that most often affect remediation waste management. It discusses, among other topics, the contained-in policy, the area of contamination (AOC) policy, corrective action management units (CAMUs) and temporary units (TUs), land disposal restrictions (LDR) applicability and the alternative standards for soils and debris, the treatability studies exemption, reinjection of contaminated groundwater (RCRA 3020(b)), and permit waivers (RCRA 7003) and emergency permits.
 
08/21/1998EFFECTS OF LAND DISPOSAL RESTRICTIONS PHASE IV TREATMENT STANDARDS ON MANUFACTURED GAS PLANT SITE CLEANUPSMemo
 Description: Soil contains hazardous waste when it exhibits a characteristic or when it is contaminated with hazardous constituents from listed hazardous waste. Soil from manufactured gas plants (MGP) that exhibit a characteristic when first generated (i.e., when first removed from the land) remains subject to the land disposal restrictions (LDR) even if it is subsequently decharacterized. Consolidation within an area of contamination (AOC) prior to being removed from the land (i.e., generated) is permissible. A hazardous waste determination can be made after such consolidation. This guidance details the Agency's rules and policies concerning land disposal of decharacterized wastes, including decharacterized soil. When decharacterized soil remains subject to LDR, the soil must be treated in an appropriate unit to meet the treatment standard. Certain tracking, paperwork, and other requirements must also be met.
 
07/31/1998REQUEST FOR COMMENTS ON THE DRAFT-FINAL GPRA BASELINE FACILITIES LIST FOR CORRECTIVE ACTIONMemo
 Description: Request for comments from Regions on draft final corrective action GPRA Baseline facilities list. Document describes procedures used to identify draft final Baseline facilities.
 
06/30/1998ISSUANCE OF FINAL HWIR-MEDIA RULEMemo
 Description: EPA considers the issuance of the Hazardous Waste Identification Rule for contaminated media (HWIR-Media) to be among its highest RCRA priorities. Signature of the final rule is expected no later than October 30, 1998 (HWIR-Media finalized 63 FR 65873; 11/30/98).
 
04/09/1998ADMINISTRATIVE REFORMS TO THE CORRECTIVE ACTION PROGRAMMemo
 Description: EPA views improving the pace, effectiveness and efficiency of the corrective action program as a high priority. In addition to the May 1, 1996, Advance Notice of Proposed Rulemaking (61 FR 19432), additional improvements referred to as CLEANUP 2000, are already underway (SUPERSEDED: See RCRA Cleanup Reforms information).
 
01/01/1998PETROLEUM-CONTAMINATED DEBRIS FROM UST CLOSUREQuestion & Answer
 Description: The exclusion for petroleum-contaminated media and debris does not apply to sand that has been introduced into an underground storage tank (UST) for the purposes of closure. The exclusion was intended to cover contaminated environmental media such as soil, groundwater, surface water, and air that have become contaminated as a result of a release from an UST. Sand removed from an UST must be evaluated upon generation to determine if it is a hazardous waste.
 
08/27/1997CLARIFICATION ON THE RCRA PERMITTING STATUS AND SOLID WASTE MANAGEMENT UNIT (SWMU) DESIGNATION OF STORMWATER RETENTION PONDSMemo
 Description: Stormwater retention ponds containing sediments that fail the TCLP are generally considered solid waste management units (SWMUs). SWMUs include any unit at a facility from which hazardous constituents might migrate, regardless of whether the units were intended for the management of solid or hazardous waste. Permitting and SWMU designations are site-specific.
 
05/01/1997Best Management Practices (BMPs) for Soil Treatment Technologies: Suggested Operational Guidelines to Prevent Cross-Media Transfer of Contaminants during Cleanup ActivitiesPublication
 Description: Provides guidance on how to design and conduct soil remediation activities at RCRA and other hazardous waste sites so that transfers of contaminants from contaminated soil to other media (i.e., clean soil, air, and surface or groundwater) are minimized. Outlines the specific potential cross-media concerns for specific activities and recommends approaches for preventing cross-media transfer of contaminants. Addresses BMPs applicable across a broad range of remedial activities and most remediation technologies. Offers information on control technologies that can be used in conjunction with BMPs. Presents technology-specific BMPs for seven technology categories: containment technologies, soil washing, thermal treatment, vapor extraction, bioremediation, incineration treatment, and other physical/chemical treatments. Includes case studies and list of acronyms.
 
03/10/1997APPLICABILITY OF THE DOMESTIC SEWAGE EXCLUSIONMemo
 Description: The domestic sewage exclusion extends to both listed and characteristic wastes which pass through sewer system to a publicly owned treatment works (POTW). Sewage is subject to CWA, and exempt from RCRA. Waste removed or leaked from a sewer line does not meet the conditions of the exemption. Releases from a sewage lines could be solid waste management units (SWMUs) or areas of contamination (AOCs). The definition of facility for corrective action is dependent on site-specific factors. Releases from SWMUs at permitted facilities are addressed under Sections 3004(u) or 3004(v) authority. Non-SWMU related releases, both within and beyond the facility boundary, are addressed under Section 3005(c)(3) omnibus permitting authority; releases at interim status facilities addressed under Section 3008(h) interim status corrective action orders. Domestic sewage is defined as untreated sanitary wastes that passes through a sewer system.
 
03/05/1997COORDINATION BETWEEN RCRA CORRECTIVE ACTION AND THE DECOMMISSIONING REQUIREMENTS OF THE NRC AT COMMERCIAL NUCLEAR PLANTSMemo
 Description: Decisions on when and how to proceed with RCRA corrective action are based on site-specific evaluations of the conditions at each site. Duplication or overlap between RCRA and NRC requirements should be minimized. Deferral of the commencement of corrective action until decommissioning of the nuclear power plant is complete would clearly be inappropriate if a long term and/or serious environmental problem is identified in the facility assessment. EPA's Mixed Waste Committee of the Inter-Agency Steering Committee On Radiation Standards (ISCORS) will be reviewing the coordination issue.
 
01/27/1997POTENTIAL CHANGES TO RCRA AND THE REGULATION OF REMEDIATION WASTESMemo
 Description: EPA continues to believe that reforming the applicability of RCRA requirements (e.g., land disposal restrictions, permitting) to remediation waste, if accomplished appropriately, could significantly accelerate cleanup actions at Superfund, Brownfield, and RCRA Corrective Action sites. EPA's fundamental goal in HWIR-Media is to tailor RCRA standards for remediation waste already within the hazardous waste system, rather than impose RCRA cleanup standards on federal, state or private cleanups not currently subject to RCRA (HWIR-Media rule, 63 FR 65873; 11/30/98).
 
01/17/1997USE OF THE CORRECTIVE ACTION ADVANCE NOTICE OF PROPOSED RULEMAKING AS GUIDANCEMemo
 Description: Discusses the history of the RCRA corrective action program (Sections 3004(u)), 3004(v), 3008(h), and 3005(c)(3) omnibus permitting authority). Subpart S Advanced Notice of Proposed Rulemaking (ANPR), published May 1, 1996 (61 FR 19432), introduces a strategy for improving corrective action through the Subpart S initiative, identifies principles and goals of programs, requests information to assist program improvements, gives program status report, and highlights flexibility of the current program. Although the ANPR is not regulation, EPA expects that it will be used as guidance.
 
01/08/1997USE OF SITE-SPECIFIC LAND DISPOSAL RESTRICTION TREATABILITY VARIANCES UNDER 40 CFR 268.44(H) DURING CLEANUPSMemo
 Description: The land disposal restriction (LDR) program requires treatment or placement of waste in no migration unit before placement on land. Discusses treatability variance procedures and minimum requirements for alternative treatment standards (ATT). ATT should consider risk-based cleanup standards. Site-specific treatability variances (SSTV) may be appropriate when the (LDR) treatment standard is unachievable or inappropriate. SSTV may only address some constituents. SSTV is generally appropriate for contaminated soil during corrective action cleanup (SUPERSEDED: see 63 FR 28556; 5/26/98). SSTV approval for soils is delegated to Regions. Discusses SSTV and state authorization. Not all remediation waste is subject to LDR (e.g., LDR not applicable unless waste placed on land before effective date of prohibition). Placement does not occur when hazardous waste is consolidated within a land disposal unit, when waste is treated in-situ, or when the waste is left in place (capped).
 
11/27/1996PERMITTING AND LAND DISPOSAL REQUIREMENTS FOR MANAGEMENT OF CONTAMINATED SOIL WHICH IS HAZARDOUS OR CONTAINS HAZARDOUS WASTEMemo
 Description: Non-exempt remediation activities involving treatment of hazardous waste or media are subject to RCRA permitting even if the cleanup is under state requirements other than RCRA or CERCLA. States with permit waiver authority may waive the permit requirements for cleanups if the waiver is not used in a manner less stringent than that allowed under federal authority. If the state remediation standards are less stringent, waste must meet the LDR treatment standards before placement. The use of a corrective action management unit (CAMU) or area of contamination (AOC) concept will not trigger LDR requirements.
 
09/24/1996COORDINATION BETWEEN RCRA CORRECTIVE ACTION AND CLOSURE AND CERCLA SITE ACTIVITIESMemo
 Description: Addresses coordination among RCRA corrective action, closure, and CERCLA cleanups, including deferral between the programs and state/tribal CERCLA-like activities with RCRA. Coordination is required when full deferral is not possible. Cleanups under RCRA or CERCLA will generally satisfy both programs. To avoid inconsistency between cleanup levels and clean closure levels, EPA encourages the use of risk-based levels for clean closure. It is possible that a unit cleaned up under CERCLA could meet the RCRA clean closure standard (RCRA/CERCLA Parity Policy) (SEE ALSO: 61 FR 18779; 4/29/96).
 
06/06/1996RCRA Public Participation Manual; 1996 EditionPublication
 Description: This document provides an overview of the public involvement process and how to coordinate public involvement activities in the RCRA permitting and corrective action cleanup processes. The document also includes several appendices listing EPA and state contacts, a public participation checklist, and guidance and examples on public participation tools.
 
05/01/1996INTERPRETATION OF GENERATOR REQUIREMENTS AS APPLIED TO VARIOUS ON-SITE AND OFF-SITE SCENARIOSMemo
 Description: Provides a clarification of the terms on-site, facility, installation, and individual generation site. Contiguous properties owned by different persons require separate identification numbers. Manifests are required for all off-site shipments of waste, even if both properties belong to the same generator (SUPERSEDED: manifest exemption for shipments along the border of contiguous properties; 62 FR 6622; 2/12/97). No manifest is required to ship hazardous waste between two properties under the same ownership that are located at opposite corners of an intersection. Large quantity generator (LQG) and small quantity generator (SQG) waste must be sent to a designated facility. No final interpretation exists on whether conditionally exempt small quantity generator (CESQG) waste sent to an intermediate location for consolidation loses its exemption. Waste in transportation may be consolidated at transfer facilities. The emergency response exemption from permitting applies to immediate response only. Hazardous waste generated as the result of discharge may be accumulated for 90 days under Section 262.34.
 
04/10/1996UNIVERSAL WASTE RULE - IMPLEMENTATIONMemo
 Description: EPA encourages the timely development of universal waste (UW) collection systems, and encourages states to quickly adopt the UW rule. UW rule authorization is a high priority. If a state adopts the UW rule, but is not authorized, the Region should enforce only if there is non-compliance with Part 273 standards. EPA may choose to use 7003 authority for UW management that causes imminent and substantial endangerment (SEE ALSO: 64 FR 36466; 7/6/99).
 
03/25/1996SCOPE AND APPLICABILITY OF THE AREA OF CONTAMINATION (AOC)Memo
 Description: The letter from Lowrance to Green (RPC# 6/11/92-01) reflects the current agency area of contamination (AOC) policy. Movement of media within an AOC does not trigger RCRA, including land disposal restrictions (LDR). The AOC concept can be applied in a remediation action that is not overseen by a government agency. An AOC does not shield a facility from state or federal cleanup requirements.
 
03/13/1996USE OF THE AREA OF CONTAMINATION (AOC) CONCEPT DURING RCRA CLEANUPSMemo
 Description: Addresses the use of the area of contamination (AOC) concept during RCRA cleanups, and the relationship of an AOC to a corrective action management unit (CAMU). An AOC refers to a discrete area of generally dispersed contamination. Discusses the regulatory status of the CAMU rule in relation to the Hazardous Waste Identification Rule (HWIR)-Media and litigation (SEE ALSO: 63 FR 65873; 11/30/98). Also discusses the definition of placement.
 
03/01/1996Environmental Fact Sheet: Hazardous Waste Identification Rule for Contaminated Media (HWIR-Media) -- Proposed RulePublication
 Description: EPA is releasing for comment a proposed rule which would reexamine many of the RCRA Subtitle C treatment and management standards for contaminated media and other wastes managed in cleanups overseen by EPA or authorized states. HWIR-Media will address the major RCRA Subtitle C management requirements that are considered the biggest causes of problems and delays for cleanups. These requirements include the Land Disposal Restrictions (LDR), Minimum Requirements (MTRs), and RCRA permitting procedures.
 
02/20/1996CLARIFICATION OF RCRA CORRECTIVE ACTION PROGRAM WITH REGARD TO TSD UNITSMemo
 Description: RCRA regulated units (surface impoundments, waste piles, land treatment units, and landfills) are solid waste management units (SWMUs). SWMUs are subject to RCRA corrective action authority (i.e., Sections 3004(u) or 3008(h)). Discusses integrated implementation of corrective action for releases to groundwater and other media from regulated units (SEE ALSO: Section 264.90(f) and 63 FR 56710; 10/22/98)). Dual authority is required when conducting cleanup at a regulated unit in a state authorized for RCRA groundwater requirements but not for corrective action. Changes necessary to comply with a corrective action order are exempt from the reconstruction limit. Closure need not be delayed to perform corrective action. EPA encourages coordination between closure and corrective action activities.
 
01/01/1996CORRECTIVE ACTION BEYOND INTERIM STATUS FACILITY BOUNDARYQuestion & Answer
 Description: EPA can use Section 3008(h) or Section 7003 corrective action orders for releases that migrate beyond interim status facility boundary. Section 3008(h) applies to facilities which have interim status (IS), had IS, or should have had IS. Section 3008(h) authority is at least as broad as Section 3004(u) and Section 3004(v) authority.
 
10/18/1995CONCERN REGARDING EPA'S PLANS TO ""DISALLOW CONTINUED USE OF THE CORRECTIVE ACTION MANAGEMENT UNIT (CAMU) PROVISION""Memo
 Description: CAMUs should be used only if the area of contamination (AOC ) concept cannot be used. The AOC concept is independent of the CAMU rule (SEE ALSO: Hazardous Waste Identification Rule for Media (HWIR-Media), 63 FR 65873; 11/30/98).
 
09/15/1995CLARIFICATION OF THE RCRA "CONTAINED-IN" POLICYMemo
 Description: Pursuant to the contained-in policy, environmental media that contains listed hazardous waste (HW) must be managed as HW because, and only so long as, it contains listed HW (SEE ALSO: 66 FR 27266; 5/16/01). Regions and authorized States may apply the contained-in policy to determine site-, media-, exposure pathway-, and contaminant-specific levels either before or after treating media and use any mechanism to document these decisions. A state must only be authorized for part of the base program under which a waste of concern is hazardous to make the contained-in determination. The land disposal restrictions (LDR) treatment standards attach at the point of generation and apply to media that no longer contain HW, and to media exhibiting a characteristic that is subsequently treated to eliminate the characteristic. Contaminated media (groundwater (GW), soil, surface water) is not considered a solid waste (abandoned, recycled, or inherently waste-like). The in-situ treatment and movement of contaminated media within an area of contamination (AOC) is not land disposal. Pursuant to RCRA 3020(b), GW may be treated during a cleanup action and reinjected into an aquifer without meeting LDR. EPA encourages individuals who believe that the universal treatment standards (UTS) are not appropriate for their contaminated media to apply for a site-specific treatability variance (SEE ALSO: 63 FR 28556; 5/26/98).
 
07/26/1995ENVIRONMENTAL INDICATOR FACT SHEETMemo
 Description: Discusses RCRIS corrective action indicator event codes CA725 (human exposures controlled determination) and CA750 (groundwater releases controlled determination). Environmental Indicator event codes measure the environmental results of remediation activities. Addresses site-specific action levels, and owner/operator responsibility for actions of private citizens (SUPERSEDED: See RPC#2/5/99-01).
 
07/01/1995NPL DELETION/DEFERRAL POLICY AND RCRA SUBTITLE C CORRECTIVE ACTIONQuestion & Answer
 Description: The National Priorities List (NPL) deletion/deferral policy allows EPA to defer sites to RCRA corrective action authority at any point in the NPL process. EPA will defer listing a site on the NPL when other authorities are capable of providing the needed corrective action. The deferral is not automatic for sites eligible for cleanup under RCRA. EPA will not defer federal facilities to RCRA. Lists types of sites that EPA will not defer and the criteria sites must meet to be deleted from the NPL.
 
06/14/1995INTERPRETATION OF THE PHRASE ""WHICH CAN BE REASONABLY EXPECTED TO BE PRESENT"" FOR SOIL THAT EXHIBITS THE TOXICITY CHARACTERISTICMemo
 Description: When preparing land disposal restrictions (LDR) notification for D001, D002, D012-43 soils, constituents “reasonably expected to be present” would include all constituents above universal treatment standards (UTS) levels. In remediation, the point of generation is the point at which contaminated soil is picked up (SEE ALSO: 63 FR 28556; 5/26/98).
 
02/21/1995CLARIFICATION ON RCRA AND TSCA JURISDICTION OVER INFECTIOUS AND/OR GENETICALLY ENGINEERED WASTEMemo
 Description: Section 3007 may be used to gain access to a hazardous waste facility. Materials which meet the statutory definition of hazardous waste are subject to Sections 3007 and 3013. Sections 3004(u) and 3008(h) are based on the statutory definition of hazardous waste, and apply to biological, genetically engineered, and infectious wastes (BGEIW). Units storing BGEIW are solid waste management units (SWMUs). The status of a military facility as “classified” is not bar to EPA action unless the facility has presidential exemption under Section 6001. Action under Sections 3004(u) and 3007 is not limited by dates (i.e., they may be retroactive).
 
02/17/1995EPA'S CURRENT CONTAINED-IN POLICY AS IT APPLIES TO ENVIRONMENTAL MEDIA THAT CONTAIN P- AND U-LISTED HAZARDOUS WASTESMemo
 Description: The contained-in policy applies to P- and U-listed wastes in the same manner as other wastes. Although Section 261.33(d) states that “contaminated” soil and water from the cleanup of releases of P-listed and U- listed wastes are hazardous, they would not not be considered contaminated if they do not contain waste.
 
02/17/1995IS A SECTION 3008(H) ENFORCEMENT ORDER AN APPROPRIATE MECHANISM FOR APPROVING A CAMU?Memo
 Description: Section 3008(h) orders can be used to establish corrective action management units (CAMUs) and other remedial units at facilities which lost interim status (LOIS). Permits are not necessary if a Section 3008(h) order is in place, but public participation should occur.
 
02/01/1995CORRECTIVE ACTION AUTHORITIESQuestion & Answer
 Description: Section 3004(u) corrective action authority is limited to releases from solid waste management units (SWMUs). Releases that do not originate from solid waste management units can be addressed under Sections 3005(c)(3), 3004(v), 3008(h), and 7003.
 
11/15/1994APPLICABILITY OF RCRA REGULATIONS TO A PROPOSED FUMING/GASIFICATION UNITMemo
 Description: Discusses the regulatory status of a fuming/gasification (plasma arc) unit as an incinerator, industrial furnace, or miscellaneous unit. Clarifies devices versus process trains (SEE ALSO RPC# 7/29/94- 01). If the process train meets the industrial furnace definition, it may be conditionally exempt under Section 266.100(c) (SEE ALSO: 61 FR 17358; 4/19/96). The Draft Waste Minimization and Combustion Strategy does not apply to combustion facilities that handle only remediation wastes.
 
11/01/1994UST REMEDIATION WASTESQuestion & Answer
 Description: Spent carbon filters used to remediate petroleum-contaminated media and debris from underground storage tank corrective action are newly generated wastes and do not qualify for the Section 261.4(b)(10) exclusion. Spent filters are solid wastes.
 
07/29/1994RCRIS CORRECTIVE ACTION ENVIRONMENTAL INDICATOR EVENT CODES CA725 AND CA750Memo
 Description: Provides definitions of Resource Conservation and Recovery Information System (RCRIS) corrective action indicator event codes CA725 (human exposures controlled determination) and CA750 (groundwater releases controlled determination). Environmental Indicator event codes are used to measure the environmental results of remediation activities (SUPERSEDED: See RPC#2/5/99-01).
 
07/11/1994CLARIFICATION OF HOW RCRA REGULATIONS APPLY TO OFF-SPECIFICATION FUELS THAT ARE BEING BURNED FOR ENERGY RECOVERYMemo
 Description: Characteristic off-specification fuels (e.g., gasoline, kerosene, jet fuel, and diesel) are CCPs and are not solid waste when burned for energy recovery because they are fuels. Section 261.2(c)(2)(ii) applies to both listed and characteristic CCPs. Cleanup levels for spills of gasoline and other fuels are site-specific.
 
05/09/1994EPA’S DRAFT WASTE MINIMIZATION AND COMBUSTION STRATEGY AND IT’S IMPLICATIONS FOR SUPERFUNDMemo
 Description: The Combustion Strategy impact on hazardous waste incineration at CERCLA cleanups is discussed. Hazardous waste combustion remains an appropriate remedy at many sites. The Combustion Strategy is not an ARAR since it is not legally enforceable, but it is regarded as a TBC ("To Be Considered") at CERCLA sites.
 
04/06/1994CLARIFICATION OF ""ACTIVE MANAGEMENT"" IN CLOSING WASTE MANAGEMENT FACILITIES (SURFACE IMPOUNDMENTS)Memo
 Description: Remediation involving hazardous waste treatment triggers permitting. Whether in-situ stabilization is treatment is a site-specific determination. The regulatory status of the movement of wastes within an area of contamination (AOC) is discussed. A unit (e.g., surface impoundment) inactive prior to the effective date of applicable RCRA rules is not subject to Subtitle C unless the waste is actively managed. A one-time removal of waste is not active management. Waste removed from a unit is subject to all relevant regulations. Inactive units may be solid waste management units (SWMUs) subject to 3004(u), 3008(h), and/ or 7003 corrective action authorities.
 
02/01/1994REGULATORY STATUS OF SHELL OIL'S NORCO, LOUISIANA FACILITY DITCH SYSTEMMemo
 Description: A trough, trench, or ditch connected to a tank or sump is ancillary equipment. Unlined conveyance systems allowing leakage or a discharge is not ancillary equipment, and may be considered disposal, and may be considered a surface impoundment, miscellaneous, or solid waste management unit (SWMU) subject to corrective action. An unlined trough, trench, ditch that is retrofitted may meet the definition of ancillary equipment to tank and qualify for the wastewater treatment unit (WWTU) exemption.
 
09/23/1993LEAD CONTAMINATION RESULTING FROM SKEET SHOOTINGMemo
 Description: EPA encourages the use of substitute materials for lead in ammunition on firing ranges. The U.S. Court of Appeals for the Second District affirmed that lead ammunition deposited in Long Island Sound is “hazardous solid waste,” and a citizen may bring a RCRA 7002 lawsuit for imminent and substantial endangerment (SEE ALSO: 62 FR 6622; February 12, 1997).
 
09/15/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Secion 266.112 does not apply retroactively to soil contaminated by cement kiln dust, which is exempt under the Bevill exclusion for fossil fuel combustion wastes, when the soil is removed during corrective action. Discusses the distinction between applying listings retroactively and determining applicability of Bevill exclusion.
 
07/07/1993QUALITY ASSURANCE PROJECT PLANS AND DATA QUALITY OBJECTIVES FOR RCRA GROUND-WATER MONITORING AND CORRECTIVE ACTION ACTIVITIESMemo
 Description: Discusses the application of the data quality objective (DQO) process to groundwater monitoring, and corrective action programs. DQO is the overall level of uncertainty that a decision maker is willing to accept in a decision making process. Quality assurance project plans are used to ensure DQOs are defined and documented. Chapter One of SW-846 outlines the minimum elements of a quality assurance programs for all data collection activities.
 
06/07/1993ANALYSIS OF REMEDIAL WASTE VOLUME AND REMEDY SELECTIONMemo
 Description: Provides an analysis of the corrective action remedies and the resulting waste volumes and the parallels to presumptive remedies. The information breaks solid waste management units (SWMUs) down into several categories: containment (no treatment), in-situ treatment, and ex-situ treatment. 140 million cubic meters of remedial waste are expected to be generated over the life of the RCRA program.
 
05/04/1993EFFECTS OF THE REGULATIONS FOR CORRECTIVE ACTION MANAGEMENT UNITS (CAMUS) ON THE MANAGEMENT OF "AS-GENERATED" HAZARDOUS WASTESMemo
 Description: As-generated hazardous wastes cannot be managed in corrective action management units (CAMUs). Only remediation wastes can be managed in CAMUs. The definition of remediation waste is not limited to contaminated environmental media (SEE ALSO: 63 FR 65874; 11/30/98). Dumping as-generated waste to make it remediation waste is illegal. CAMUs may only be designated by EPA or an authorized state.
 
09/24/1992USE OF LEAD SHOT AT SHOOTING RANGESMemo
 Description: The firing of ammunition at shooting ranges is not waste disposal. The interpretation applies to expended cartridges and target fragments that fall to the ground during shooting. The cleanup of the site can be required under RCRA 7002 and 7003 when an imminent hazard exists (SEE ALSO: 62 FR 6622; 2/12/97).
 
08/31/1992GUIDANCE ON THE USE OF THE CORRECTIVE ACTION MANAGEMENT UNIT CONCEPTMemo
 Description: The 7/27/90 proposed corrective action management unit (CAMU) concept (55 FR 30798) may be used before the CAMU rule is finalized. Provides a fact sheet on the use of the CAMU concept before the rule is finalized. The CAMU concept is derived from the CERCLA area of contamination (AOC) concept (SUPERSEDED: See 58 FR 8658; 2/16/93).
 
07/02/1992RCRA POST-CLOSURE PERMITS FOR REGULATED UNITS AT NPL SITESMemo
 Description: CERCLA section 121(e)(1) does not relieve a facility’s owner from the requirement to obtain a post-closure permit for a preexisting RCRA-regulated unit at an NPL site. Discusses possible resolutions to the conflicts between RCRA and CERCLA cleanups at the same site. The CERCLA Section 121(e)(1) permit waiver doesn’t apply to non-CERCLA actions (SEE ALSO: 63 FR 56711; October 22, 1998).
 
07/01/1992REMEDIATION OF CONTAMINATED SOILS AT HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Generators may treat contaminated soils from manufactured gas plant (MGP) site remediation to remove characteristics in generator accumulation units without a permit. Decharacterized hazardous waste may then be sent off-site for burning as nonhazardous waste (SEE ALSO: 63 FR 28574; 5/26/98).
 
05/04/1992REGION III APPROACH TO STABLIZATIONMemo
 Description: Discusses the RCRA stabilization strategy, the RCRA stabilization initiative, and the goals of the stabilization evaluation. Interim measures can happen at any time in the corrective action process. Interim measures are tools to achieve stabilization. Sites are first evaluated for potential stabilization actions after the RCRA facility assessment.
 
02/10/1992ENVIRONMENTAL GROWTH INITATIVEMemo
 Description: Discusses the Environmental Growth Initiative. Provides an overview of the RCRA Subtitle C reform initiatives growing out of the President's "90-Day Review of Regulations." Addresses concentration-based exemptions, universal treatment standards (UTS), post-closure permitting, remediation reforms, and the new Superfund paradigm.
 
02/04/1992CLASSIFICATION OF INFILTRATION GALLERIES UNDER THE UIC AND RCRA PROGRAMSMemo
 Description: Discusses the distinction between, and definition of, infiltration galleries (IGs) and SDWA underground injection control (UIC) wells for purposes of the April 2, 1991, rule extending the toxicity characteristic (TC) effective date for reinjection of groundwater pursuant to hydrocarbon recovery operations at petroleum refineries and transportation facilities (56 FR 13406). IGs can be UIC wells. IGs are often trenches. Remediation activities using reinjection may be subject to state groundwater protection statutes, SDWA, RCRA, and/or CERCLA authorities.
 
01/22/1992EVALUATING PRECOMPLIANCE CERTIFICATIONS FOR BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Provides interpretation of a "complete and accurate" certification of precompliance. Addresses the use of enforcement authorities when evaluating BIF precompliance certification violations. Possible EPA responses include 3007 information requests and notices of violation.
 
11/07/1991CONCURRENCE ON THE USE OF SECTION 7003 TO COMPEL THE CLEAN-UP OF AN OIL SPILLMemo
 Description: The use of RCRA 7003 to compel the cleanup of an oil spill is appropriate, regardless of whether oil exhibits a characteristic of hazardous waste. Spilling meets definition of disposal, and spilled material generally qualifies as solid waste. The Oil Pollution Act (OPA) may also be used to compel cleanup of an oil spill. Provides a summary of OPA’s enforcement authority.
 
10/25/1991MANAGING THE CORRECTIVE ACTION PROGRAM FOR ENVIRONMENTAL RESULTS: THE RCRA FACILITY STABILIZATION EFFORTMemo
 Description: Discusses the RCRA corrective action stabilization strategy and the RCRA stabilization initiative. Interim measures are encouraged for addressing imminent risks, stabilizing sources, and preventing the spread of contamination. Includes an interim measures selection decision tree and stabilization strategy questionnaire.
 
06/20/1991USE OF PETROLEUM-CONTAMINATED SOILS AS AN INGREDIENT IN ASPHALT BATCHINGMemo
 Description: Soil contaminated with listed or characteristic crude oil used in asphalt batching is a solid waste since it is used in manner constituting disposal, unless the crude oil or CCP is a normal ingredient in asphalt batching, or until it meets terms of 266.20(b). Soil may be exempt under 261.4(b)(10). Contaminated soils used in asphalt batching that contain hazardous constituents in significantly higher concentrations than that of analogous raw materials may be considered sham recycling. Includes criteria for evaluating whether a waste is legitimately being recycled.
 
05/31/1991DRIPPAGE IN WOOD PRESERVING STORAGE YARDSMemo
 Description: Incidental drippage after the removal of treated wood from drip pad is not illegal hazardous waste disposal, provided the owner and/or operator responds immediately. An immediate response determination is site-specific. A facility must have a contingency plan and must keep records of the response.
 
05/17/1991RCRA CORRECTIVE ACTION PROGRAMMemo
 Description: Discusses EPA’s long term corrective action strategy including; prioritization initiatives, stabilization policies, tailoring corrective action based on site-specific factors, future changes to RCRA Statute and regulations, and strategies for permitting interim status facilities.
 
05/02/1991CLOSURE STANDARDS FOR HAZARDOUS WASTE LAND TREATMENT UNITSMemo
 Description: Soil sampling is usually required during land treatment unit closure and post-closure as part of the unsaturated zone monitoring. If the treatment unit is removed as a part of clean-closure, the soil-core monitoring may be suspended at the completion of the closure period. Discusses guidance on intervals for, and duration of, soil sampling during closure and post-closure. There is no EPA-approved methods for determining degradation rates. Closure of a land treatment unit may take up to 360 days. Discussion of closure and post-closure standards for a land treatment units when migration of hazardous constituents has occurred. Discussion of closure standards when groundwater is contaminated at levels below alternate concentration levels specified in a facility permit. The post-closure period for a land treatment unit cannot be terminated until owner or operator has successfully demonstrates that all groundwater at the site is safe for all potential receptors. Discuses addressing migration of constituents of concern outside of the treatment zone during closure versus under corrective action. There are no regulatory provisions requiring corrective action when migratory constituent concentrations exceed regulatory levels of concern in groundwater at an interim status land treatment facility (3008(h)). Discussion of when closure is considered complete.
 
03/27/1991USE OF THE PROPOSED SUBPART S CORRECTIVE ACTION RULE AS GUIDANCE PENDING PROMULGATION OF THE FINAL RULEMemo
 Description: The interpretive portions of proposed the Subpart S corrective action rule may be used as guidance (55 FR 30798; July 29, 1990). The proposed changes may not be used as guidance. The list and description of the July 29, 1990 proposal preamble is not available for use as guidance (SEE ALSO: 61 FR 19432; May 1, 1996).
 
03/26/1991SUBSURFACE FATE AND TRANSPORT MODELMemo
 Description: EPA‘s Composite Model for Landfills (EPACML) is a subsurface fate and transport model developed for national regulatory purposes, not site-specific use. EPA is proposing to use EPACML in delisting petitions. EPA discourages application of the model to site-specific corrective actions.
 
03/13/1991EPA AUTHORITY TO CONSIDER PERMIT APPLICANT HISTORY OF COMPLIANCE WITH RCRAMemo
 Description: Discusses the use of the RCRA Section 3005(c)(3) omnibus authority to address facility’s compliance history when developing permit conditions. EPA may use omnibus authority to deny permit. Discusses summary of EPA authorities for addressing noncompliance. EPA can use RCRA Section 3008 authority to take enforcement actions against facilities before they receive permits. Section 270.43(a) allows EPA to terminate a permit or to deny its renewal.
 
01/07/1991APPLICABILITY OF ""SUPERFUND LDR GUIDES""Memo
 Description: Discusses the use of Superfund and NCP guidance at RCRA sites. The area of contamination (AOC), placement concept, and land disposal restrictions (LDR) treatability variances apply to RCRA corrective action, state, and voluntary cleanups of RCRA waste. In-situ treatment may not be placement.
 
01/04/1991SOLID WASTE MANAGEMENT UNIT (SWMU) DETERMINATIONMemo
 Description: Tanks used exclusively to store product are not solid waste management units (SWMUs). Agency may use RCRA Section 3005(c)(3) omnibus provision to address leaks from product tank (SEE ALSO: 50 FR 30798; July 27, 1990).
 
11/09/1990PETROLEUM-CONTAMINATED MEDIA AND DEBRIS DEFERRAL FROM THE TOXICITY CHARACTERISTICMemo
 Description: The petroleum contaminated media deferral does not apply to D001-D017. There is no need to run TCLP to determine if wastes are D018 - D043, provided the wastes are generated as part of UST corrective action.
 
10/30/1990TRANSFER FACILITY REGULATION INTERPRETATIONMemo
 Description: A transportation company has one ID number. All company trucks are assigned the same number. Transporters may consolidate hazardous waste (HW) shipments at a transfer facility. They must indicate the new composition and re-manifest the waste to the original designated facility. A TSDF can be a transfer facility if it is not already the designated facility. Waste is in the custody of the last transporter that signed the manifest until the designated facility or the next transporter signs it. Transfer facilities are subject to HW discharge requirements. Burners and marketers must notify EPA of HW fuel activities, even if they already have ID numbers (SUPERSEDED: see Part 266, Subpart H).
 
10/09/1990CONTAMINATED SOIL AND DEBRIS TREATED REPLACEMENT UNDER A TREATABILITY VARIANCEMemo
 Description: Waste and residue treated under a treatability variance are regulated the same as waste treated to the applicable land disposal restrictions (LDR) standards. Soil and debris that is subject to a treatability variance are still managed as hazardous waste under contained-in policy. A variance is not that same as a delisting. An area of contamination (AOC) designated by the Region during RCRA corrective action is a RCRA unit. Waste is not subject to LDR and the unit is not subject to minimum technological requirements (MTR). Discusses corrective action management units (CAMUs).
 
10/01/1990REGULATORY STATUS OF PETROLEUM CONTAMINATED MEDIA AND DEBRIS UNDER THE TOXICITY CHARACTERISTIC UST TEMPORARY DEFERRALQuestion & Answer
 Description: The Section 261.4(b)(10) exclusion applies to media and debris from UST corrective action. The exclusion does not apply to sludge removed from UST during remediation. The exclusion does not apply to media and debris that exhibit the toxicity characteristic for D003-D017.
 
09/26/1990CYANIDE FURNACE CRUCIBLES TREATMENTMemo
 Description: Discusses the volume of petitioned waste that is critical to the delisting evaluation. Delisting of waste in a land-based unit should include evidence that regulatory controls will be place on the solid waste management unit (SWMU) after delisting. Discussion of sampling, analysis, and groundwater monitoring.
 
09/26/1990SUBTITLE C IMPERMEABLE CAP REQUIREMENT FOR ON-SITE CONTAINMENT OF WOOD PRESERVING WASTESMemo
 Description: EPA grants ARAR waiver of landfill impermeable cap requirement for waste treated to land disposal restrictions (LDR) variance from treatment standard. The consolidation of wastes within an area of contamination (AOC), not replacement unit, does not trigger minimum technological requirements (MTR).
 
07/11/1990REQUIREMENTS FOR CLEANUP OF FINAL NPL SITES UNDER RCRAMemo
 Description: RCRA corrective action can be used at CERCLA NPL sites. 3008(h) actions at NPL sites need not comply with NCP remedy selection. Discussion of the relationship between RCRA corrective action and CERCLA NPL deletion and deferral. Discussion of CERCLA five year review at RCRA corrective action sites.
 
05/07/1990INTERIM SOIL LEAD CLEANUP LEVELS AT RCRA FACILITIESMemo
 Description: Interim guidance on establishing soil lead cleanup levels at RCRA facilities for closure and corrective action. Background levels may be appropriate as cleanup levels. Discusses the applicability of lead cleanup levels presented in OSWER Superfund directive 9355.4-02.
 
04/06/1990CERCLA RESPONSE ACTIVITIES AND THE LAND DISPOSAL RESTRICTIONS PROGRAM’S APPLICABILITY AT PLATTSBURGH AIR FORCE BASEMemo
 Description: National capacity variance wastes must be disposed in a minimum technological requirement (MTR) unit (SEE ALSO: 268.5). Discussion of the applicability of the land disposal restrictions (LDR) to CERCLA (ARAR). Disposal within an area of contamination (AOC) is not subject to minimum technological requirements. Discussion of treatability variances at CERCLA sites. DDT is a halogenated organic compound (HOC).
 
02/02/1990SUPERFUND TECHNICAL ASSISTANCE GRANTS (TAGS) FOR SITES DEFERRED TO RCRAMemo
 Description: Superfund Technical Assistance Grants (TAGs) already granted to communities near CERCLA sites may continue when sites are deferred to RCRA Subtitle C oversight prior to final cleanup.
 
01/03/1990EFFECT OF RCRA DEFERRAL POLICY ON TECHNICAL ASSISTANCE GRANTSMemo
 Description: Superfund Technical Assistance Grants (TAGs) already granted to communities near CERCLA sites may continue when sites are deferred to RCRA Subtitle C oversight prior to final cleanup.
 
12/20/1989APPLICABLE LAND DISPOSAL RESTRICTIONS TO REINJECTION OF TREATED CONTAMINATED GROUNDWATER UNDER CERCLA AND RCRA CORRECTIVE ACTIONSMemo
 Description: RCRA 3020 allows reinjection of contaminated groundwater that contained hazardous waste into aquifer from which it was withdrawn. Discusion of the applicability of land disposal restriction (LDR) treatment standards to the reinjection of treated contaminated groundwater associated with CERCLA and RCRA cleanup or corrective action.
 
11/13/1989APPLICABILITY OF RCRA LAND DISPOSAL RESTRICTIONS TO CERCLA RESPONSE ACTIONSMemo
 Description: Excavation and redeposition of hazardous waste into the same unit or area of contamination (AOC) at a CERCLA site is not land disposal. Groundwater removed from a CERCLA site and disposed in an UIC well offsite is subject to land disposal restrictions (LDR). Contaminated groundwater injected into aquifer from which it was withdrawn is exempt from LDR.
 
08/10/1989GUIDANCE ON HOW TO COORDINATE PERMIT 3004(U) AND ORDER 3008(H) REQUIREMENTS FOR CORRECTIVE ACTIONMemo
 Description: Issuance of permit requiring corrective action does not absolve facility from compliance with previous Section 3008(h) corrective action order. Section 3008(h) order effective until specifically terminated. Section 3004(u) covers release from solid waste management unit (SWMU). Section 3008(h) is not linked to specific unit.
 
06/26/1989LEACH TESTING PROCEDURE TO REMOVE LEAD-CONTAMINATED SOILS FROM RESIDENTIAL AREASMemo
 Description: If contaminated soil is removed from a site, the generator must determine if the soil contains hazardous waste by testing and/or applying knowledge. In the absence of a specific cleanup order, soil left in place is not subject to RCRA Subtitle C requirements, including testing (SEE ALSO: 61 FR 18779; 4/29/96).
 
06/15/1989INTERPRETATION OF RCRA REGULATIONS PERTAINING TO THE REMEDIATION OF CONTAMINATIONMemo
 Description: Exemption from permitting requirements for emergency response is not valid after the immediate response is complete. The presence of soil or groundwater contamination may indicate disposal of hazardous waste requiring a facility to obtain a permit for land disposal, even if the owner has agreed to conduct a voluntary cleanup to the state’s specifications. A post-closure permit may be appropriate.
 
05/25/1989SOIL CLEANUPS FOR LEAD - CLEANUP STANDARDS FOR CLEAN CLOSUREMemo
 Description: Discusses OSW’s approach to setting lead cleanup standards in soil and background levels compared to Superfund proposed levels (SEE ALSO: RPC# 5/7/90-01).
 
03/30/1989CERTIFICATION PROCESS ON BIOTECHNOLOGICAL METHODS FOR REMEDIATION OF INDUSTRIAL FACILITIESMemo
 Description: EPA does not certify biotreatment technologies for the remediation of soil and groundwater, but will assist with determining the applicability of biotreatment technologies.
 
03/14/1989SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Discusses an automatic waste feed shut-off design for munitions deactivation (popping) furnaces and fugitive emissions control from popping furnaces. Pits used for dewatering and open burning are surface impoundments, not miscellaneous units. EPA can use omnibus provisions to impose additional controls on open burning in surface impoundments. Waste explosives that do not have the potential to detonate cannot be destroyed in open burning/open detonation (OB/OD) units. Solvents contaminated with explosives that have the potential to detonate can be open burned. Because open burning/open detonation (OB/OD) of waste explosives is treatment, not disposal, the land disposal restrictions (LDR) do not apply. Treatment residues may be subject to LDR. Clarifies when the disposal of explosives requires a permit and when unused explosives become wastes (SEE ALSO: 62 FR 6622; 2/12/97). Burning commercial fuel in fire training exercises is not regulated under RCRA. Discusses methods of determining soil background levels for the clean closure of surface impoundments and waste piles, circumstances in which the unit type can be redesignated during interim status, cleanup standards for corrective action, compliance points for soil and groundwater cleanup, timing of corrective action cleanup activities and site monitoring, termination of groundwater corrective action, the use of institutional controls, the use of trial burn data from one facility at other incinerators, the evaluation of trial burn plans for popping furnaces, and the use of in-place hydraulic conductivity testing during liner installation for surface impoundments and landfills. A landfill’s clay layer component of the final cover must be completely below the average frost depth. Addresses the use of natural material (calcium carbonate) and cement kiln dust in waste stabilization, the use of the RCRA corrective action plan (CAP) in HSWA permit preparation, the use of the 261.4(f)(2) authority to implement Subpart X standards in RCRA authorized states, and the permitting deadlines for Subpart X facilities.
 
03/02/1989FINANCIAL ASSURANCE FOR CORRECTIVE ACTION BEYOND FACILITY BOUNDARIESMemo
 Description: Discusses the circumstances under which the financial assurance liability instruments (insurance policy, letter of credit, surety bond, corporate guarantee, trust fund, and financial test) can be used to satisfy financial responsibility for corrective action beyond facility boundaries (off site). EPA does not believe the requirement for financial assurance for corrective action beyond the facility boundary duplicates other financial assurance requirements.
 
12/09/1988STAYING HSWA PERMIT CONDITIONSMemo
 Description: The state and federal portions of a joint permit may be issued at different times. The issuance of the HSWA portion of a joint permit does not terminate a facility’s interim status. 3004(u) corrective action proceedings can become effective when a permit is issued, even if all permit appeals are not completed. The Regional Administrator (RA) sometimes has the discretion to stay or delay the effective date of the HSWA portions of an appealed state permit.
 
12/01/1988LAND DISPOSAL RESTRICTIONS: SOILS AND DEBRIS FROM RCRA CORRECTIVE ACTIONQuestion & Answer
 Description: All soil and debris contaminated with first third waste with incineration as a treatment standard qualify for a capacity variance. A variance for solvent, dioxin, or California-listed contaminated soil and debris is applied to waste generated by a CERCLA response action or a RCRA corrective action (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/30/1988LEAKING OR DAMAGED EXPLOSIVESMemo
 Description: The treatment of leaking or damaged explosives, or undetonated explosives left after an initial firing attempt, may fall within the scope of the immediate response exemptions in 264.1(g)(8), 265.1(c)(11), and 270.1(c)(3) (SEE ALSO: 62 FR 6622; 2/12/97).
 
10/28/1988APPLICABLITY OF LAND DISPOSAL RESTRICTIONS TO WASTES THAT ARE MOVED AND PLACED INTO ANOTHER LAND DISPOSAL UNITMemo
 Description: Hazardous waste removed from disposal units and placed in different land based units during remediation activities must meet land disposal restrictions (LDR) treatment standards for all applicable waste codes. Discussion of active management (SEE ALSO: 264, Subpart S).
 
09/19/1988QUESTIONS AND ANSWERS REGARDING THE HANDLING OF EXPLOSIVES AND COMMERCIAL FUELSMemo
 Description: Off-specification fuel (i.e., jet fuel, kerosene, gasoline) used to burn planes during a fire training exercise is not subject to regulation. The resulting soil contamination may later be subject to federal cleanup authorities. Law enforcement agents (BATF) transporting and detonating bombs and other reactive wastes may be exempt from RCRA Subtitle C regulation if the action is an immediate response. If it is not an immediate response, an emergency permit may be required (SEE ALSO: 62 FR 6622; 2/12/97). Dropping munitions on land and detonating bombs is not discard and is not regulated because it is the normal pattern of use. Unexploded ordnance or bullets removed from a firing range and sent for destruction via open burning/open detonation (OB/OD) are wastes subject to regulation. The open burning of hazardous waste (other than explosives) is prohibited (SEE ALSO: 62 FR 6622; 2/12/97).
 
08/23/1988CORRECTIVE ACTION RULEMemo
 Description: Clarifies issues related to the RCRA corrective action rule (CAMUs, temporary units (TUs), point of departure, target levels, and protectiveness) (SEE ALSO: 55 FR 30798; 7/27/90 and 58 FR 8658; 2/16/93).
 
08/11/1988EXPLOSIVES PRESENTING AN IMMEDIATE SAFETY THREAT AND EXPLOSIVES STORED DURING ANALYSISMemo
 Description: The Bureau of Alcohol, Tobacco, and Firearms (BATF) transport of explosives to safe areas for destruction is exempt from RCRA Subtitle C requirements if it is an immediate response. Emergency permits are available for activities that do not constitute an immediate response. Immediate removal and destruction of explosive materials by law enforcement agencies may require an emergency RCRA Subtitle C permit. Emergency permits and provisional transporter ID numbers may be issued via telephone or in writing. Destruction of explosive wastes by open burning/open detonation is thermal treatment that must be conducted at a TSDF in compliance with Parts 264, 265, and 270. If destruction is conducted under a court order or the direction of U.S. Attorney's office, RCRA is not automatically waived (SEE ALSO: 62 FR 6622; 2/12/97). Explosive materials stored as legal evidence by the court or BATF become waste (i.e., is generated) when the court or BATF no longer has use for the explosives as evidence. Generators are defined both by person and by site. Each BATF field office or storage locker area where explosive material becomes a hazardous waste is an individual generation site requiring its own EPA ID number. Storage of waste explosives at BATF facilities is not subject to permitting if accumulation time does not exceed 90 days and other generator accumulation requirements are satisfied.
 
07/01/1988PERMITTING ISSUES (DUPONT EDGEMORE FACILITY) - GUIDANCEMemo
 Description: A facility that received a permit for a unit that was never built is still subject to the permit conditions, including corrective action. The revocation of a permit issued by a state and federal EPA is a combined state and federal action. The revocation/ termination of the state portion of a permit does not affect the HSWA portion of the permit. Procedures for extending a permit beyond the expiration date include permit modification, revocation and reissuance, and continuation. If a permit expires, EPA could pursue corrective action under 3008(a) or 7003.
 
06/01/1988HOUSEHOLD HAZARDOUS WASTEQuestion & Answer
 Description: Carbon filters installed in homes by a firm as part of a corrective action consent decree are excluded household wastes when collected by the firm and sent for regeneration even though they contain listed waste.
 
04/01/1988GROUND-WATER MONITORING - COMPLIANCE PERIOD/POST-CLOSURE CARE PERIODQuestion & Answer
 Description: If the groundwater monitoring compliance period (CP) ends during the post-closure care period (PCCP), the groundwater detection monitoring program is reinstated until the PCCP is over. A facility could conceivably be required to start compliance monitoring or a corrective action program if further releases are detected. Provides a definition of the active life of a land unit.
 
04/01/1988GROUNDWATER MONITORING - ASSESSMENT MONITORING/CORRECTIVE ACTION AT CLOSED FACILITIESQuestion & Answer
 Description: An interim status facility that triggers a groundwater assessment program (265.93(d)) during post-closure is required to perform only one groundwater assessment. A facility that stopped receiving waste on or before 7/26/82 or closed on or before 1/26/83 would not require a post-closure permit. A 3013 enforcement order can require more groundwater monitoring. A 3008(h) interim status corrective action order can require remediation.
 
03/31/1988GROUNDWATER MONITORING AT CLEAN-CLOSING SURFACE IMPOUNDMENT & WASTE PILE UNITSMemo
 Description: As a part of the clean closure certification process, EPA must review groundwater monitoring data to verify that there is no groundwater contamination from the unit. Units that have already certified clean closure without assuring clean groundwater must be reexamined. Owners of some clean-closed interim status units may be able to demonstrate that the groundwater is uncontaminated without installing a groundwater monitoring system. The 3008(a) enforcement authority can be used to obtain remedies and/or penalties under 3008(g). EPA may use 3008(h), 3013, and/or 7003 to investigate and respond to releases at units that ceased receiving waste prior to 7/26/82. EPA can invoke 3004(u) at facilities otherwise requiring a permit that improperly clean-closed.
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
03/08/19883008(H) ORDERS OR POST-CLOSURE PERMITS AT CLOSING FACILITIES, USE OFMemo
 Description: Addresses the use of 3008(h) corrective action orders and post-closure permits with 3004(u) and 3004(v) authorities at facilities undergoing closure (SEE ALSO: 63 FR 56711; 10/22/98).
 
03/02/1988CLEANUP LEVELS FOR LEAD AND CADMIUM IN SOILS FOR CLEAN CLOSUREMemo
 Description: VERIFIED REFERENCE DOSES (RFDS) AND Carcinogenic Potency Factors (CPFs) can be used to set soil cleanup levels during clean closures of surface impoundments, waste piles, and land treatment units. Where no EPA-recommended health-based limit exists for a contaminant, a soil cleanup level may be based on background levels or by data developed by the owner to support a health-based limit. If the cleanup level cannot be established, then clean closure cannot be achieved and the unit (i.e. surface impoundment, waste pile, or land treatment unit) must close as a landfill. Provides guidance for determining the background levels for lead in soil for clean closures of surface impoundments, waste piles, and land treatment units. Discusses how to determine background levels of lead in soil.
 
02/18/1988VOLUNTARY CLEANUP CONSTRAINTSMemo
 Description: Addresses potential EPA approaches for easing the constraints on voluntary corrective action cleanups (SEE ALSO: 61 FR 18779; 4/29/96).
 
02/08/1988CLOSURE PERFORMANCE STANDARDMemo
 Description: EPA may use closure performance standards, post-closure permits, or 3008(h) orders to ensure effective closure. A closure performance standard can be used to require source control at a leaking surface impoundment. Closure must be consistent with future corrective action.
 
02/01/1988CLEAN CLOSURE OF INTERIM STATUS SURFACE IMPOUNDMENT AND WASTE PILEQuestion & Answer
 Description: Surface impoundments, waste piles, landfills, and land treatment units which received waste after 7/26/82 or certified closure after 1/26/83 must either have post-closure permits or demonstrate that clean closure was equivalent to Part 264 closure (270.1(c)) (SEE ALSO: 63 FR 56711; 10/22/98). Post-closure permits for these units would include Part 264 groundwater monitoring, unsaturated zone monitoring, corrective action and post-closure care.
 
02/01/1988CORRECTIVE ACTION AND PERMITSQuestion & Answer
 Description: Permits issued prior to HSWA cannot be reopened for the purposes of 3004(u) corrective action. Most permits contain a reopener clause. 270.41(a)(2) may be used to reopen a permit if contamination is discovered after a permit is issued. A permit as a shield does not protect facilities from the reopening of a permit when new information surfaces. 270.41(a)(3) allows a permit to be modified to include land disposal restrictions.
 
01/28/1988PERMIT REQUIREMENTS FOR REMOTE SECONDARY CONTAINMENT AREA FOR DIRECT OFFLOADING OF HAZARDOUS WASTE-DERIVED FUEL INTO A CEMENT KILNMemo
 Description: Primary containment sumps designed to collect and transport routine and systematic discharges of hazardous waste are subject to the tank standards. Secondary containment sumps are exempt from the secondary containment requirement. Temporary tanks used for immediate response are exempt.
 
01/26/1988ZINC OXIDE RECLAIMED FROM KILNSMemo
 Description: Discusses indigenous secondary materials (SEE ALSO: 266.100). Partially reclaimed K061 which must be reclaimed further is still a solid waste and is derived from K061. Kiln residue is not exempt because K061 is from primary steelmaking, not from the processing of ores and minerals. F006, F019, and K062 are not indigenous to zinc smelting. The 3004(u) authority applies to releases of Bevill wastes and to releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) unless routine and systematic releases occur. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change when the BIF regulations are finalized (SEE ALSO: 261.3(c)(2)(iii)(C)(1) and 261.4(a)(11)) (SAME AS 9481.1988(01)).
 
01/25/1988NEW JERSEY ZINC COMPANY K061 STORAGE PILEMemo
 Description: A partially reclaimed waste that must be reclaimed further before it can be used as a product is still a solid and hazardous waste. Discusses the derived-from exemption for residue from processing K061, K062, and F006 in a high temperature metal recovery unit. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change with the final BIF rule (SEE: 261.4(a)(11) and 261.3(c)(2)(iii)(C)(1)). Discusses indigenous secondary materials (SEE: 266.100). The 3004(u) corrective action authority applies to Bevill waste and releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) for purposes of 3004(u) unless routine and systematic releases occur (SAME AS 9444.1988(02a)).
 
01/01/1988DISPOSAL OF MIXED RADIOACTIVE AND HAZARDOUS WASTEQuestion & Answer
 Description: Radioactive mixed waste is not regulated until a state is authorized for mixed waste. A mixed waste landfill is a solid waste management unit (SWMU), and 3004(u) would apply to the unit. If a mixed waste disposal unit was inactive prior to the date chosen to be interim status by the state, the unit might not be subject to RCRA unless it was subsequently managed (active management) or unless the state “grandfathered” such units. If the unit is active on the interim status date, the facility must submit a Part A permit application. A state RCRA program can be broader in scope than the federal program.
 
01/01/1988FEDERAL AUTHORITY OVER AUTHORIZED STATESQuestion & Answer
 Description: EPA and states coordinate activities for joint HSWA and non-HSWA permits (3006(c)(4)). EPA retains oversight authority in authorized states to withdraw state programs (3006(e)), to revoke permits (3008(a)(3)), and to take action under 7003. States must sign a memorandum of agreement (MOA) with EPA in order to get authorized. EPA issues permits until states receive interim or final authorization.
 
12/21/1987VOLUNTARY CORRECTIVE ACTIONMemo
 Description: Includes potential options for streamlining voluntary corrective action cleanups to allow certain low-concern treatment activities to be conducted without a permit.
 
12/17/1987CLOSURE AND POST-CLOSURE ISSUES FOR INTERIM STATUS SURFACE IMPOUNDMENTSMemo
 Description: EPA may extend the time allowed for the closure of a surface impoundment to allow groundwater corrective action so that the owner can achieve clean closure. Units closing by removal under Part 265 (e.g. surface impoundments, waste piles, and land treatment units) must obtain post-closure permits unless the owner demonstrates equivalence with 264.228, 264.280(e), or 264.258 closure by decontamination standards (SEE ALSO: 63 FR 56711; 10/22/98). The owner of an interim status landfill that has closed by removal and has not triggered groundwater assessment does not have to monitor groundwater for the full list of Appendix VIII or IX constituents. Groundwater evaluation conducted as part of the 265 clean-closure demonstration should establish constituents that could reasonably be expected to exist at the impoundment. A surface impoundment that has triggered groundwater assessment may not be able to clean close.
 
12/14/1987RCRA PROGRAM DIRECTIONS - PRIORITY TO ENVIRONMENTALLY SIGNIFICANT FACILITIESMemo
 Description: Fiscal Year 1989 RCRA priorities are to focus on corrective action and closure at the entire universe of environmentally-significant facilities.
 
12/10/1987EXEMPTION FOR WASTEWATER DISCHARGES AND GENERATOR ACCUMULATION PROVISIONSMemo
 Description: EPA does not have groundwater discharge guidelines, but facilities are subject to regulations that are designed to prevent releases to groundwater. EPA has corrective action and enforcement authority to respond when releases do occur (3004(u), 3008(a), 3008(h) and 7003). Hazardous wastewaters are subject to RCRA prior to industrial point source CWA discharge, including the land disposal restrictions (LDR).
 
12/10/1987LAND DISPOSAL OF SOLVENTSMemo
 Description: EPA does not have groundwater discharge guidelines, but facilities are subject to regulations that are designed to prevent releases to groundwater. EPA has corrective action and enforcement authority to respond when releases do occur (3004(u), 3008(a), 3008(h) and 7003). Hazardous wastewaters are subject to RCRA prior to industrial point source CWA discharge, including the land disposal restrictions (LDR).
 
11/16/1987RCRA PERMIT REQUIREMENTS FOR STATE SUPERFUND ACTIONSMemo
 Description: A state authorized to conduct RCRA base permit program will generally have authority to waive RCRA permit requirements for state Superfund actions as long as the state has authority under its own statute or regulations to grant permit waivers, and the state waiver authority is used in a manner no less stringent than allowed under federal permit waiver authority. EPA may restrict state permit waiver authority during the RCRA authorization process.
 
10/05/1987SURFACE IMPOUNDMENTS HOLDING ONLY K-WASTES GENERATED UNDER A TEMPORARY EXCLUSIONMemo
 Description: Waste disposed in a surface impoundment during a temporary delisting exclusion is not subject to Subtitle C after the final denial decision unless it is actively managed (removed, excavated, shipped, mixed, or treated). The units are solid waste management units (SWMUs) for purposes of corrective action.
 
07/24/1987ALTERNATE CONCENTRATION LIMIT (ACL) POLICY FOR HSWA PROVISIONSMemo
 Description: The 3005(j) aggressive biological treatment surface impoundment retrofitting exemption requires interim status facilities to be in compliance with a permitted facility groundwater monitoring program. Alternate concentration limits (ACLs) can be used to determine which groundwater monitoring program, compliance or corrective action, should be added to the permit.
 
07/24/1987SOLID WASTE MANAGEMENT UNIT DEFINED FOR CORRECTIVE ACTION UNDER 3004(U)Memo
 Description: Clarifies the definition of “deliberate” in determining whether a unit is a solid waste management unit (SWMU). Areas contaminated by routine and systematic releases of hazardous wastes or constituents should be considered SWMUs. EPA does not use the 3004(u) corrective action authority for one-time, accidental spills that cannot be linked to a discernible SWMU.
 
07/02/1987SOLID WASTE MANAGEMENT UNIT FOR THE PURPOSE OF CORRECTIVE ACTION UNDER 3004(U), DEFINITION OFMemo
 Description: Addresses the definition of deliberate in the context of a solid waste management unit (SWMU) and 3004(u) corrective action authorities. Releases need not have been known by the owner/operator to be deliberate. They must only have been routine and systematic. Includes examples of SWMUs. A wood preservative kickback area is an example of a SWMU.
 
06/17/1987GROUNDWATER MONITORING AT REGULATED UNITS NEAR SWMUS THAT HAVE IMPACTED GROUND WATERMemo
 Description: Permits may be issued to regulated units that are constructed near solid waste management units (SWMUs) with contaminated groundwater, or near groundwater with high background contamination, if certain conditions are achieved (SEE ALSO: 264.90(f) and 63 FR 56711; 10/22/98).
 
06/09/1987SURFACE IMPOUNDMENT CLOSURE, APPLICABILITY OF 3005(I) OF RCRA TOMemo
 Description: An owner who closes an interim status surface impoundment but does not demonstrate compliance with 265.228(a) closure by removal standards is subject to a post-closure permit, including groundwater monitoring and corrective action (SEE ALSO: 63 FR 56711; 10/22/98).
 
05/01/1987DISPOSAL PRIOR TO NOVEMBER 19, 1980Question & Answer
 Description: A tank closed in accordance with existing industry practices in 1977 is an inactive disposal facility and is not subject to RCRA Subtitle C, unless the waste is subsequently managed in a manner that constitutes treatment, storage, or disposal. EPA could enforce under 7003 or CERCLA.
 
04/20/1987TEMPORARY TANK SYSTEMS USED IN RESPONSE TO EMERGENCIES, REQUIREMENTS FORMemo
 Description: Temporary tanks are used for responses to unexpected occurrences are covered under emergency permit provisions. A secondary containment system does not need secondary containment. A stand-by tank is not a temporary tank.
 
04/02/1987RELEASES OF HAZARDOUS WASTE, RCRA APPLICABILITY TOMemo
 Description: Releases of hazardous wastes by generators may be addressed under 7003 corrective action authority (SEE ALSO: RPC# 8/1/86-04). 3004(u) applies only to facilities seeking or in the process of obtaining a permit. Once a facility has been denied a permit, it no longer has interim status, but 3008(h) still applies.
 
04/01/1987APPLICABILITY OF THE LAND DISPOSAL RESTRICTIONS TO CERCLA WASTESQuestion & Answer
 Description: The two-year national capacity variance for F001-F005 wastes from CERCLA response actions applies only to wastes generated pursuant to CERCLA 104 or 106 response actions and RCRA corrective actions, and does not apply to wastes from private party response actions.
 
03/31/1987REGION III ISSUES ON SECTION 3004(U) AUTHORITYMemo
 Description: Enforcement for waste disposal on a property that is not contiguous with a facility must be addressed under 7003 rather than 3004(u). Discusses the applicability of the solid waste management unit (SWMU) definition to process collection sewers. 3004(u) may be used in a limited manner to require monitoring and detection systems where releases are likely but have not yet occurred. Permitting and corrective action apply to all SWMUs at a facility, even if a portion of the facility is leased to another party.
 
03/13/1987CORRECTIVE ACTION PLAN (CAP), CONTENTS AND USE OFMemo
 Description: Discusses the merits of the Interim Final RCRA Corrective Action Plan (See Also: RCRA Corrective Action Plan - Final, May 1994, EPA520-R-94-004, OSWER directive 9902.3-2A). Addresses the applicability of the Superfund Public Health Evaluation Manual to RCRA corrective action guidance.
 
03/11/1987CONTAMINATED GROUNDWATER, REGULATORY STATUS OFMemo
 Description: Interim status standards, not 264 standards, are imposed under 3008(h) orders. A treatment system for contaminated groundwater should be handled as a change during interim status. The leakage of hazardous waste compounds from process areas meets the definition of discarded. 264.1 and 265.1 provide exemptions for immediate response activities.
 
03/06/1987FEDERAL FACILITIES INVENTORY UNDER RCRA 3016Memo
 Description: Discusses the availability of forms and instructions for the 1988 federal facility inventory and the applicability of RCRA to CERCLA cleanups. If Installation Restoration Program (IRP) sites are subject to both RCRA and CERCLA, the requirements of both programs must be satisfied. Under 3004(u), RCRA permits must address corrective action for releases from any inactive, closed inactive, closed, or abandoned units at a facility.
 
03/01/1987SUBTITLE D SURVEYQuestion & Answer
 Description: EPA can use RCRA 3007 to obtain information from Subtitle D facilities that are using the statutory definition of hazardous waste in 1004(5).
 
01/20/1987LAND DISPOSAL RESTRICTIONS CLARIFICATIONSMemo
 Description: Discusses a national capacity variance for solvents, dioxins, soils, and media from RCRA and CERCLA cleanups, an exemption for solvents from SQGs, and the land disposal restrictions (LDR) storage prohibition. Ash derived from the incineration of F003 remains listed (SEE ALSO: 66 FR 27266; 5/16/01). F003 mixed with solid waste is no longer hazardous if it is not characteristic via the mixture rule (SUPERSEDED: See 268.3). If the origin is not known, wastes with F001-F005 constituents are considered listed (SUPERSEDED: See 55 FR 8758; 3/8/90).
 
01/01/1987CORRECTIVE ACTION - 3008(H)Question & Answer
 Description: 3008(h) applies to facilities which treat, store, or dispose of hazardous waste but that did not apply for interim status; units or facilities at which active operations have ceased and interim status has been terminated; and units which are currently operating under interim status. 3008(h) can be used to compel responses to releases at facilities that lost interim status prior to 3008(h) action.
 
01/01/1987CORRECTIVE ACTION 3008(H) FOR CONTAINER STORAGE FACILITYQuestion & Answer
 Description: EPA can issue a 3008(h) corrective action order for solid waste management units (SWMUs) at an interim status facility that has closed. A facility with closed units can retain interim status.
 
12/08/1986INSTALLATION RESTORATION PROGRAM (IRP) - DODMemo
 Description: The DOD Installation Restoration Program (IRP) mirrors corrective action cleanups and provides useful data for implementing 3004(u) corrective action.
 
11/24/1986PROPOSED PERMIT-BY-RULE FOR USED OIL RECYCLERSMemo
 Description: The filing of a used oil burner notification form 8700-12 before the effective date of the used oil rule will not subject the filer to the standards. Filing 8700-12 does not subject the filer to section 3004(u) corrective action. 8700-12 is not a permit application. A discussion of the proposed permit-by-rule provision for used oil recyclers per section 3014(d).
 
11/20/1986CONTAMINATED GROUND WATER AND VOLATILES FROM AIR STRIPPING, TREATMENT OFMemo
 Description: Contaminated groundwater is not a solid waste but must be handled as if it were a hazardous waste if it contains hazardous waste (contained in policy). Units handling such groundwater must be hazardous waste units. Such units may be exempt from permitting under the section 270.72 changes during interim status. Volatile organics released to the air during remediation are not solid wastes, but a release of hazardous constituents is subject to section 3008(h) corrective action authorities. The statute requires both air and groundwater contamination to be addressed. (SEE ALSO: 264/265 Subparts AA, BB, CC). A 1977 spill from a UST is subject to section 9003 corrective action is not subject to section 3008(h). The spraying of treated waste on land is land disposal and is subject to the land disposal restrictions (LDR).
 
11/13/1986GROUNDWATER CONTAMINATED WITH HAZARDOUS WASTE LEACHATEMemo
 Description: Groundwater is not a solid waste and is not subject to the mixture rule. Collected groundwater with hazardous waste (HW) leachate is handled as if it is a HW until it no longer contains a HW. Collected groundwater contaminated with a listed HW may be treated at an interim status facility per a 3008(h) order. EPA is examining whether permits should be required for corrective action. Discussion of the contained-in policy (SEE ALSO: 66 FR 27266; 5/16/01).
 
11/13/1986RCRA REGULATORY STATUS OF CONTAMINATED GROUNDWATERMemo
 Description: Contaminated groundwater is not a solid waste and not a hazardous by the mixture rule. The groundwater is hazardous if it contains a hazardous waste (HW). It must be handled as if it were that HW. Groundwater treated to no longer contain a HW would no longer be subject to regulation under the contained-in policy. Corrective action at a permitted facility could take place with a permit modification.
 
10/20/1986STATE AUTHORIZATION TO REGULATE HAZARDOUS COMPONENTS OF RADIOACTIVE MIXED WASTESMemo
 Description: Until an authorized state is authorized for radioactive mixed waste, handlers of such wastes are not subject to RCRA. Mixed waste is a solid waste for purposes of corrective action. States applying for HSWA corrective action authorization must also get authorized for mixed waste.
 
10/12/1986HAZARDOUS WASTE LISTING FOR F006 WASTEMemo
 Description: The F006 listing does not cover chemical conversion coating, electroless plating, or printed circuit board manufacturing (unless the circuit board operation involves a F006-covered process, such as chemical etching). Chemical conversion coating includes chromating, phosphating, immersion plating, and coloring. The F006 listing covers sludges from anodizing and etching processes. Facilities that handle only wastes from excluded processes have never managed a hazardous waste, do not need a permit or interim status, are not subject to corrective action, and are not subject to closure. A F006 delisting petition is unnecessary for sludges from excluded processes.
 
10/07/1986CORRECTIVE ACTION TECHNOLOGY, HQ SUPPORTMemo
 Description: The Headquarters corrective action technology support for Regions. EPA has a corrective action technology database.
 
10/01/1986CORRECTIVE ACTION FOR NEW FACILITIESQuestion & Answer
 Description: The section 3004(u) corrective action authority covers all facilities seeking permits, including facilities at which no authorized hazardous waste management activity has taken place. Solid waste management units (SWMUs) include landfills, dumps, units in which RCRA-exempt wastes have been stored or disposed.
 
09/29/1986DOD'S IRP PROGRAM AND RCRA CORRECTIVE ACTIONMemo
 Description: A discussion on the relationship between DOD’s Installation Restoration Program (IRP) and developing RCRA permits for DOD facilities. The applicability of RCRA to IRP and non-IRP units. The section 3004(u) schedule of compliance may incorporate an IRP cleanup schedule.
 
09/29/1986RESPONSES TO ACCIDENTAL SPILLS OF LISTED OR CHARACTERISTIC HAZARDOUS WASTESMemo
 Description: An authorized official may approve the removal of a transportation spill without an EPA ID number or a manifest in an emergency. The transporter must respond immediately. A summary of the exemption from the sections 264 and 265 standards for immediate responses to hazardous waste discharges. Spills should be addressed in accordance with the contingency plan. Spills that are not cleaned up become land disposal sites subject to permitting. There is no definition of immediate response. Spill areas where hazardous waste is treated, disposed, or stored past an immediate response phase are subject to interim status and permitting standards. RCRA regulations do not specify the cleanup standards for spill situations.
 
09/22/1986OPEN BURNING/OPEN DETONATION AT DOD FACILITIESMemo
 Description: RCRA does not apply to open burning/open detonation (OB/OD) training areas or impact ranges as long as they are not used for disposal. If they are used for disposal, the areas may be solid waste management units (SWMUs).
 
09/12/1986WOOD TREATMENT CYLINDER CREOSOTE SUMPSMemo
 Description: A sump collecting nonhazardous creosote from drips, leaks, or spills from wood treatment operations may be considered a solid waste management unit (SWMU) (SEE ALSO: 55 FR 50450; 12/6/90, F034 listing in 261.31, 264 Subpart W, 265 Subpart W, and 55 FR 30798; 7/27/90).
 
09/12/1986WOOD TREATMENT CYLINDER CREOSOTE SUMPSMemo
 Description: A sump used to collect creosote drippage, leakage, or other spillage from wood treatment is solid waste management unit (SWMU), and potentially subject to corrective action (even if waste in the sump is not hazardous).
 
09/01/1986HAZARDOUS WASTE TANK CLOSURE AND POST-CLOSUREQuestion & Answer
 Description: If the owner or operator closing a hazardous waste tank after 1/12/87 cannot remove and decontaminate all soil, etc. he/she must close the tank as a landfill, and comply with the post-closure and financial responsibility requirements. EPA may issue a section 3008(h) corrective action order if necessary.
 
09/01/1986RCRA ENFORCEMENTQuestion & Answer
 Description: A section 3008(h) order can be issued whenever there is evidence of a release of a hazardous waste to the environment. A discussion of examples of what may constitute “evidence”. The samples need not be taken. A section 3013 order may be used to compel testing to determine if there is evidence of a release.
 
08/22/1986CORRECTIVE ACTION REQUIREMENTS FOR FEDERAL FACILITIES AND IRP ACTIVITIESMemo
 Description: The section 3004(u) corrective action authority applies to federal facilities. The DOD’s Installation Restoration Program (IRP) does not operate in lieu of the application of RCRA requirements on a regional level. EPA’s permit program is not delayed or postponed pending rulemaking establishing priorities for corrective action at federal facilities.
 
08/22/1986FINANCIAL ASSURANCE FOR CORRECTIVE ACTIONMemo
 Description: Financial assurance applies to all solid waste management units (SWMUs), including regulated units. Regulated units are a subset of SWMUs. A discussion of corrective action.
 
08/21/1986RCRA FACILITY ASSESSMENTS, IMPLEMENTATION OFMemo
 Description: An overview of the purpose of a RCRA Facility Assessments (RFAs). Complete RFAs typically include, among other sampling and analysis requirements, a site visit. A RFA may be appropriate before utilizing section 3008(h) corrective action orders.
 
08/13/1986TANK CONVERSION FROM WASTE STORAGE TO FEEDSTOCK STORAGE - REGULATIONMemo
 Description: A waste storage tank that is closed and converted to product storage is no longer subject to Parts 264 Subpart J/265 Subpart J. A containment structure used to contain a release during an immediate response to a spill is exempt from permitting and the technical standards if the hazardous residue is removed. A release may be subject to section 3004(u) corrective action. Inactive disposal units that are clean closed before 11/19/80 may be subject to sections 3004(u) or 3008(h) corrective action if other hazardous waste management units are currently in operation.
 
08/04/1986UIC CORRECTIVE ACTION REQUIREMENTS, IMPLEMENTATIONMemo
 Description: An overview of the section 3004(u) corrective action requirements and Underground Injection Control (UIC) well permits.
 
08/01/1986RELEASES FROM 90 DAY ACCUMULATION TANKSQuestion & Answer
 Description: Releases from 90 day accumulation tanks are not normally covered by RCRA sections 3004(u), 3004(v) or 3008(h) corrective action authorities, however, a leak from a generator tank which is not cleaned up may be considered open dumping under RCRA and could be covered by the imminent hazard provision of section 7003.
 
07/01/1986INTERIM STATUS CORRECTIVE ACTIONQuestion & Answer
 Description: Section 3008(h) corrective action can apply to interim status surface impoundments that have certified clean closure, because the facility remains in interim status. Certification of clean closure does not terminate interim status. A list of four ways interim status can be terminated.
 
06/16/1986PERMITTING AND CORRECTIVE ACTION REQUIREMENTS AFFECTING COMPLIANCE WITH LAND DISPOSAL RESTRICTIONSMemo
 Description: EPA does not have the discretion to waive the section 3005(a) preconstruction ban. Permits may be issued separately to different regulated units. An incinerator permit must address all releases from regulated units (RUs) and nonregulated units except for releases from RUs to groundwater, which are addressed in the permit for RUs (SEE ALSO: 63 FR 56711; 10/22/98). A discussion of the timing of groundwater corrective action v. corrective action for all other media.
 
06/02/1986BYPRODUCT MATERIAL AND MIXED WASTE, AEA AND DOE INTERFACEMemo
 Description: The Atomic Energy Act (AEA) definition of byproduct material is not definitive. Waste streams must be judged on a case-by-case basis. All radioactive mixed waste are subject to RCRA. Mixed waste units are corrective action solid waste management units (SWMUs) even if state is not authorized for mixed waste. Mixed waste units are not regulated in an authorized state until the state is authorized for mixed waste.
 
06/01/1986CORRECTIVE ACTION IN PERMITSQuestion & Answer
 Description: The section 3004(u) corrective action requirement for facilities seeking permits is not applicable to interim status facilities which convert to generator status or which close no land disposal units. Facilities without regular or post-closure permits must conduct corrective action for releases at a solid waste management units (SWMUs) under section 3008(h) or section 7003. The section 3008(h) orders may be issued after closure.
 
05/08/1986CORRECTIVE ACTION/PERMIT ISSUES - U.S. ARMY - ABERDEEN PROVING GROUNDSMemo
 Description: An overview of corrective action permitting at federal facilities. A discussion of the definition of a facility. The owner of federal lands is the department or agency. Unexploded ordnances on target practice ranges are not considered discarded or a solid waste (SEE ALSO: 62 FR 6622; 2/12/97). The section 3004(u) solid waste management units (SWMUs) may be underwater. Discusses the mixed waste regulation (SEE ALSO: 51 FR 24504; 7/3/86, and 52 FR 15937; 5/1/87).
 
05/01/1986CORRECTIVE ACTIONQuestion & Answer
 Description: The section 3004(u) financial responsibility requirement for corrective action extends to section 3004(v) corrective action beyond the facility boundary.
 
04/30/1986PIPELINE TRANSPORTATION OF HAZARDOUS WASTEMemo
 Description: The definition of transportation does not include pipeline transport. Part 263 does not apply to pipeline movement of hazardous waste (HW). Pipeline transport of HW is not forbidden by RCRA. CERCLA and RCRA cleanup authorities may apply to HW pipeline facilities.
 
04/18/1986CORRECTIVE ACTION AT FEDERAL FACILITIESMemo
 Description: An overview of corrective action at federal facilities. Until EPA issues a final rule on priorities for corrective action at federal facilities, EPA Regions must continue to process and issue permits to federal facilities that include section 3004(u) corrective action schedule of compliance (SEE ALSO: 51 FR 7722; 3/5/86).
 
04/17/1986INSPECTION AUTHORITY UNDER SECTION 3007 OF RCRAMemo
 Description: Discusses the scope of EPA's inspection authority under RCRA 3007 and the relationship between Sections 3007 and 7003, 3004(u), 3008(h), 4005, and 4010.
 
04/15/1986CORRECTIVE ACTION AT FEDERAL FACILITIESMemo
 Description: EPA plans to develop rules implementing corrective action at federal facilities.
 
04/12/1986BYPRODUCT MATERIAL, DEFINITION OFMemo
 Description: A summary of the definition of by-product material under the Atomic Energy Act (AEA). Radioactive mixed waste is considered a solid waste for purposes of corrective action at solid waste management units (SWMUs).
 
04/07/1986ENVIRONMENTAL RELEASES FROM WOOD PRESERVING PLANTSMemo
 Description: A summary of EPA regulations applicable to releases from wood preserving facilities. The wood preserving process wastewater effluent is subject to the CWA (SEE ALSO: 261.4(a)(9)). The storage or mixing tanks, kraft bags can be empty containers under section 261.7. Discusses the applicability of the F020, F021, F026, F027 listings. Dioxin wastes are acutely hazardous and are subject to the 1 kg threshold. Wastewater treatment sludges from creosote and pentachlorophenol (PCP) are K001. An explanation of the closure of units used to treat these process wastewaters. The applicability of the EP (extraction procedure) toxicity characteristic (SUPERSEDED: see 261.24) to wood preserving wastes. A discussion of section 3004(u) and (v) corrective action at wood preserving facilities.
 
04/07/1986WOOD PRESERVING AND SURFACE PROTECTION FACILITIES, CONTROLLING ENVIRONMENTAL RELEASES FROMMemo
 Description: A summary of EPA regulations applicable to releases from wood preserving facilities. The wood preserving process wastewater effluent is subject to the CWA (SEE ALSO: 261.4(a)(9)). The storage or mixing tanks, kraft bags can be empty containers under section 261.7. Discusses the applicability of the F020, F021, F026, F027 listings. Dioxin wastes are acutely hazardous and are subject to the 1 kg threshold. Wastewater treatment sludges from creosote and pentachlorophenol (PCP) are K001. An explanation of the closure of units used to treat these process wastewaters. The applicability of the EP (extraction procedure) toxicity characteristic (SUPERSEDED: see 261.24) to wood preserving wastes. A discussion of section 3004(u) and (v) corrective action at wood preserving facilities.
 
04/01/1986CORRECTIVE ACTION FOR UIC WELLSQuestion & Answer
 Description: An underground injection control (UIC) permit issued after 11/8/84, is not a RCRA permit-by-rule until corrective action requirements have been met for all solid waste management units (SWMUs) at the facility. Corrective action for the well itself will be addressed in a UIC permit.
 
04/01/1986CORRECTIVE ACTION ORDERS UNDER 3008(H)Question & Answer
 Description: The section 3008(h) authority extends to facilities that should have had interim status, but failed to notify EPA under section 3010, or failed to submit a Part A application.
 
03/24/1986FACILITIES NOT SUBJECT TO CORRECTIVE ACTIONMemo
 Description: Facilities submitting Part A permit applications which never treated, stored, or disposed of hazardous waste (protective filing) have not achieved interim status. Such facilities are not subject to sections 3004(u) or 3008(h) corrective action authorities.
 
03/14/1986SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: The owner of a landfill applying for the liner exemption must show that the unit prevents migration of hazardous constituents. The bulk treatment for hazardous liquids cannot include absorption. Bulk liquids that have been chemically stabilized must pass the paint filter liquids test. Guidance on filtering groundwater prior to analysis. Brass bailers should not be used when sampling groundwater for metals. Guidance on the use of mathematical models when aquifers have unique features. The definition of a solid waste management unit (SWMU) includes the areas with routine and systematic releases. The use of surface water limits as Alternate Concentration limits (ACLs). Guidance on determining the potential point of exposure for ACL applications. The use of modeling information in establishing ACLs. ACL guidance allows grouping of hazardous constituents. Activated carbon filtration may not be appropriate for pentachlorophenol (PCP)-contaminated groundwater. Corrective action programs for regulated land disposal units must be part of a facility’s permit. The owner of a facility who counterpumps contaminated groundwater during corrective action must handle the contaminated groundwater as a hazardous waste, the Part B application must include groundwater management procedures.
 
02/13/1986CORRECTIVE ACTION AT FEDERAL FACILITIES, NATIONAL PRIORITIESMemo
 Description: EPA’s historical plans to address the national priorities for corrective action at federal facilities (SEE ALSO: 51 FR 7723; 3/5/86, 53 FR 50568; 12/16/88, and Federal Facility Compliance Act (FFCA)).
 
01/31/1986RCRA CORRECTIVE ACTION PROCEDURES AND AUTHORITIESMemo
 Description: Discusses the procedures for terminating interim status. The applicability of corrective action to land disposal units receiving hazardous wastes after 7/26/82. The applicability of and authorities for corrective action and monitoring requirements for facilities undergoing closure with continuous releases. Guidance on fuels as a hazardous wastes (SEE ALSO: 59 FR 55778; 11/8/94).
 
01/23/1986SOLID WASTE MANAGEMENT UNITS, INFORMATION ONMemo
 Description: A discussion of information to be compiled on solid waste management units (SWMUs) by Regions.
 
01/01/1986CORRECTIVE ACTIONQuestion & Answer
 Description: Section 3004(u) corrective action is required for permits issued after 11/8/84. A facility seeking a major modification to a RCRA permit issued prior to 11/8/84 is not required to address section 3004(u) corrective action. A facility permit being reviewed for reissue is subject to section 3004(u).
 
01/01/1986OBTAINING INTERIM STATUSQuestion & Answer
 Description: Fully-permitted facilities may not receive interim status for a solid waste management units (SWMUs) containing waste that is newly identified as hazardous. The owner or operator must submit a permit modification to continue managing the newly regulated waste.
 
12/16/19853008(H) OF THE SOLID WASTE DISPOSAL ACT, INTERPRETATION OFMemo
 Description: An interpretation of and guidance on section 3008(h) interim status corrective action authorities and orders.
 
10/29/1985HSWA APPLIED TO FEDERAL FACILITIES (DOE-OAK RIDGE)Memo
 Description: The applicability of 3004(u), 3004(v), and 3008(h) corrective action authorities to federal facilities is uncertain (SUPERSEDED: Federal Facility Compliance Act (FFCA)); EPA policy allows the NPDES program to address releases otherwise within the scope of 3004(u) to be addressed by that program.
 
10/01/1985WASTE PILES AND POST-CLOSURE PERMITS, APPLICATION OF NOVEMBER 1988 DEADLINE TOMemo
 Description: Waste piles, since they are land disposal units, should have had permit applications issued or denied by November 1988 (HSWA 3005(c)(2(A)(i)). Discusses priorities for issuing post-closure permits. EPA can apply 3008(h) or 3004(u) (through post-closure permits) at land disposal units with likely or actual releases (SEE ALSO: 63 FR 56711; 10/22/98).
 
09/25/1985POST-CLOSURE PERMITTING REQUIREMENTS FOR NON-REGULATED UNITSMemo
 Description: A land disposal unit that stopped receiving waste prior to 7/26/82 and closed after 1/26/83 is subject to post-closure permitting requirements but is not subject to 264 Subpart F groundwater monitoring (SUPERSEDED: see 270.1(c) and 63 FR 56711; 10/22/98). If the unit is closed under interim status, 265 groundwater monitoring applies. A land disposal unit in interim status post-closure is subject to 3008(h) for groundwater contamination. An interim status unit at facility which has another unit requiring a permit is subject to 3004(u) corrective action authority.
 
09/25/1985POST-CLOSURE PERMITTING REQUIREMENTS FOR NON-REGULATED UNITSMemo
 Description: A land disposal unit that stopped receiving waste prior to 7/26/82 and closed after 1/26/83 is subject to post-closure permitting requirements but is not subject to 264 Subpart F groundwater monitoring (SUPERSEDED: see 270.1(c) and 63 FR 56711; 10/22/98). If the unit is closed under interim status, 265 groundwater monitoring applies. A land disposal unit in interim status post-closure is subject to 3008(h) for groundwater contamination. An interim status unit at facility which has another unit requiring a permit is subject to 3004(u) corrective action authority.
 
08/30/1985PARTIAL PERMITTING OF INCINERATOR UNIT (DOW)Memo
 Description: The permit schedules of compliance for information gathering from solid waste management units (SWMUs), such as 3004(u), cannot be used for investigating groundwater releases from regulated units. Groundwater releases from regulated units are subject to existing RCRA regulations (SEE ALSO: 63 FR 56711; 10/22/98). Discussion of partial permitting.
 
08/27/1985GROUNDWATER QUALITY AT CLOSUREMemo
 Description: Groundwater quality is an integral part of closure for surface impoundments and waste piles. Post-closure permits, 3008(h) corrective action orders, and 3004(u) corrective action can be used to supplement interim status regulations. The approval and completion of closure by removal does not preclude the use of 3008(h) or 3004(u). A summary of 3005(i), 3004(u), and 3008(h) authorities as they pertain to surface impoundments and waste piles.
 
08/01/1985CORRECTIVE ACTION FOR CONTINUING RELEASES (3004(U))Question & Answer
 Description: Sumps made of nonearthen materials are tanks. Sumps can be used to accumulate hazardous waste for 90 days or less without permit. The TSDF owner or operator must include information on all solid waste management units (SWMUs), including sumps, in a Part B permit application under 3004(u) corrective action.
 
07/10/1985REVISED DEFINITION OF SOLID WASTE PURSUANT TO HSWAMemo
 Description: Carbon regeneration facilities storing carbon before recycling need a permit for storage if they are an incinerator. If they are not an incinerator, they are exempt (may be BIF). Drum recyclers handling empty containers do not need a storage permit. The storage of non-empty containers would require at least a permit for hazardous waste storage. Spent activated charcoal or carbon is usually a spent material. If for pollution control, it would be a sludge. Carbon is hazardous waste (HW) if it contains a listed waste (contained-in policy) or exhibits a characteristic(SEE ALSO: 66 FR 27266; 5/16/01). Carbon is unlikely to exhibit a characteristic. Generators storing HW spent activated carbon are subject to accumulation time regulations. A closed municipal solid waste landfill (MSWLF) suspected of holding HW is subject to corrective action if the facility requires a permit or interim status and is subject to CERCLA.
 
07/01/1985K051 AND HSWA; K051 SLUDGE RE-USED ON-SITE, EXEMPTIONQuestion & Answer
 Description: Petroleum coke produced from on-site reuse of K051 is exempt from standards for hazardous waste fuel unless coke product exhibits characteristic per section 3004(q)(2)(A) (SEE ALSO: Section 261.4(a)(12)).
 
06/28/1985POST-CLOSURE PERMITSMemo
 Description: The post-closure permit and groundwater monitoring applicability for an interim status facilities are based on the date of the final waste receipt (SEE ALSO: 63 FR 56711; 10/22/98). Closure by removal does not preclude 3008(h) or 3004(u). Summary of closure by removal requirements. Discussion of Part B post-closure permit contents (SEE ALSO: 270.28).
 
06/17/1985WOOD TREATMENT PLANT DRIP AREAS AS SWMUS, REGULATION OFMemo
 Description: Ground areas at wood treatment plants receiving drippage from treated wood (kick-back) are solid waste management units (SWMUs) subject to corrective action (SEE ALSO: 55 FR 30798; 7/27/90 and current 261.31).
 
06/01/1985CORRECTIVE ACTIONQuestion & Answer
 Description: An overview of the EPA policy on the collection of continuing release data under section 3004(u).
 
06/01/1985CORRECTIVE ACTIONQuestion & Answer
 Description: Because scrap metal is a solid waste, a scrap metal management area can be a solid waste management unit (SWMU) and is subject to section 3004(u) corrective action provisions.
 
03/06/1985RCRA PERMIT REAUTHORIZATION ISSUES IN REGION IIIMemo
 Description: States issue permits to facilities in authorized states. EPA issues permits for the HSWA provision until an authorized state receives authorization. The physical construction of a facility cannot begin until the State and EPA issues a joint permit. Corrective action is addressed via the permit (3004(u)).
 
02/06/1985IMMEDIATE IMPLEMENTATION OF NEW CORRECTIVE ACTION REQUIREMENTSMemo
 Description: Strategies that States and Regions should employ for addressing the new corrective action requirements at permitted facilities are discussed (SEE ALSO: 270.14(d)).
 
11/29/1984GWM DEFICIENCIES IN PART B'S, RESPONSES TO AND MECHANISMS TO PREVENTMemo
 Description: Mechanisms for addressing and preventing Part B permit applications with insufficient groundwater monitoring (GWM) data are discussed. Complete interim status groundwater monitoring data may fulfill the Part B information requirements, but 270.14(c) requires more GWM data than Part 265. RCRA 3013 and 3008 orders should be used as enforcement mechanisms.
 
09/06/1984TANKS USED FOR EMERGENCY CONTAINMENTMemo
 Description: Units used during immediate responses to discharges of hazardous waste are exempt from permitting. This exemption does not extend to units which periodically or repeatedly respond to releases or where containment or treatment extends beyond the immediate response period.
 
06/01/1984 EMPTY CONTAINER RULEQuestion & Answer
 Description: A container with less than one inch of residue is not empty unless an attempt has been made to empty it using practices commonly employed to remove materials from that type of container. RCRA 7003 may apply when the container is dangerous.
 
05/17/1982EPA ENFORCEMENT OF RCRA-AUTHORIZED STATE HAZARDOUS WASTE LAWS AND REGULATIONSMemo
 Description: EPA may overfile in authorized states, but must notify the state. Federally enforceable requirements include those state regulations that are more stringent (have counterpart in federal program) but not those that are broader in scope (have no counterpart) than the federal program (discusses each). In an authorized state, only state laws are in effect, and only state laws may be enforced by EPA (7003, 3013 excepted). EPA cannot enforce new federal regulations in authorized states until the state adopts them. Discusses procedures to be followed when overfiling. EPA is not bound by state law when taking action under 7003 or 3013 in authorized states.
(NOTE: Under review in light of the determination made at 61 Fed.Reg. 34252, 34264 (July 1, 1996) that additional State requirements regarding CESQGs are "more stringent" and within the scope of the federal RCRA program)
 
02/01/1982GROUNDWATER MONITORING AND LEAKING WASTE PILESQuestion & Answer
 Description: An interim status waste pile leaking hazardous leachate into the ground is out of compliance. The owner or operator can take remedial action or modify their Part A permit application, reclassifying the waste pile as a land treatment unit or landfill, for which groundwater monitoring would be required under changes during interim status.
 
09/17/1981GENERATOR LIABILITY (7003)Memo
 Description: EPA typically does not enforce against a generator for the mishandling of hazardous waste by a designated facility. Discussion of generator liability. Legal action under 7003, other environmental laws, or common law is possible. Part of the generator responsibility is to ascertain that the destination facility is permitted to handle the waste.
 
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