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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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Show details for Best Demonstrated Available Technology (BDAT)Best Demonstrated Available Technology (BDAT)
Show details for Bevill AmendmentBevill Amendment
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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.
 
04/01/2003ASARCO SETTLEMENT AGREEMENTMemo
 Description: ASARCO has created a trust fund to fund cleanup activities at sites where ASARCO is alleged to be a liable party under various environmental statutes. Use of these funds is limited to specific purposes and is under the control of an independent trustee. Thus, EPA cannot use these settlement funds for other purposes, such as computer reuse and recycling initiatives.
 
12/17/2002STATE COMPLIANCE WITH PROCUREMENT GUIDELINESQuestion & Answer
 Description: EPA does not require the use of straw as vegetative cover in highway construction. EPA promotes the use of hydraulic mulch and thus designated it in the Comprehensive Procurement Guidelines (CPG). Procuring agencies must develop affirmative procurement programs for purchasing designated items containing recovered material. "Procuring agency" includes all federal agencies, any state and local government agencies that use federal funds to purchase designated items, and their contractors. Procuring requirements apply if a procuring agency is purchasing $10,000 or more of a designated item or purchased $10,000 or more of the item or functionally equivalent items in the preceding fiscal year. RCRA 6002 requirements apply to both direct procurements and indirect federal aid programs. Specific circumstances exist that might preclude the purchase of products made with recovered materials. A procuring agency must modify its program to require the purchase of a designated item, unless it provides written justification. The Office of the Federal Environmental Executive (OFEE) enforces both RCRA 6002 and Executive Order (EO) 13101.
 
05/20/2002POINT OF GENERATION FOR SPRAY PAINTING OPERATIONSMemo
 Description: The point of generation of hazardous waste from spray painting operations is at the emergence from the spray paint gun. EPA is working on maximum achievable control technology (MACT) standards for emissions from transporting the waste inside the auto plant building. EPA is also working on Subpart J guidance to reduce or eliminate industry burden, while ensuring that leaks are properly captured and contained.
 
03/16/2001FINANCIAL ASSURANCE OBLIGATIONS UNDER RCRAMemo
 Description: The implementing agency should review a financial assurance agreement to ensure that the agreement complies with the regulations and is an enforceable document. EPA and state environmental agencies must determine whether a financial assurance provider meets the regulatory requirements, but they are not required to assess the financial viability of provider. The provider’s financial viability would be examined by another agency, such as the U.S. Treasury, which specializes in such determinations. An owner or operator who uses surety bonds to demonstrate financial assurance must use a surety that is listed as accepted in U.S. Treasury’s Circular 570.
 
11/14/2000DRAINDOWN AND SEEPAGE FROM GOLD HEAP LEACHESMemo
 Description: Gold heap leach piles constitute extraction/beneficiation activities and wastes from that activity are Bevill exempt. Liquid wastes generated from rainwater or groundwater contacting with Bevill exempt wastes are also exempt. Leakage may be regulated under CWA or SDWA, or addressed under RCRA 7003 or CERCLA 104 and 106 (also sent to Miller & Myers of Great Basin Watch).
 
04/13/2000FACTS ON HAZARDOUS WASTE EXPORTSMemo
 Description: EPA must receive consent of government of importing country before export of hazardous waste can occur. Since U.S. is not currently a party to Basel Convention, there must be a bilateral agreement between U.S. and importing country that is consistent with requirement of Convention. U.S. has agreements with OECD and Mexico governing recycling and with Canada for both recycling and disposal. EPA has strong enforcement program in area of hazardous waste exports.
 
08/01/1999SUPPLEMENTAL ENVIRONMENTAL PROJECTSQuestion & Answer
 Description: Supplemental environmental projects (SEP) are environmentally beneficial projects that violators agree to undertake in settlement of an enforcement action. Calculating the final penalty in a settlement that includes a SEP is a five step process.
 
02/09/1999STORAGE AND DISPOSAL OF MIXED TRANSURANIC WASTE (MTRU) Memo
 Description: EPA extended enforcement policy to address cases where mixed wastes are inadequately treated and stored illegally. Policy requires generators to use any treatment technology or disposal capacity available or face potential enforcement action. Mixed waste must be safely stored in compliance with EPA regulations (SEE ALSO: 63 FR 59989; 11/6/98).
 
11/01/1998FREQUENTLY ASKED QUESTIONS ABOUT RCRA ENFORCEMENTQuestion & Answer
 Description: EPA can use administrative, civil, or criminal enforcement actions to address RCRA violations. Penalty amounts are assessed based on case-specific facts. The penalty calculation consists of a base penalty amount, a multi-day component, an adjustment based on case specific circumstances, and consideration of the economic benefit gained. EPA may reduce or waive gravity-based penalties for violations that are promptly disclosed and corrected (SEE ALSO: 60 FR 66707; 12/22/95).
 
07/20/1998UNIVERSAL WASTE RULE - ENFORCEMENT ISSUES AND ADDITION OF STATE-ONLY UNIVERSAL WASTESMemo
 Description: EPA regions should take enforcement actions against universal waste handlers in states that are implementing the universal waste program but have not yet been authorized for those regulations only where handlers are not in full compliance with Part 273 standards. Where a state has added new wastes to its universal waste program before authorization, the EPA regions should extend this policy if it is determined that the additional wastes meet the criteria of 273.81.
 
07/25/1997INCORPORATION OF PRETOX 2000 INTO LEADED PAINT STRIPPERMemo
 Description: Leaded paint scrapings and blasted paint typically fail the toxicity characteristic for lead. Use of additives in paint strippers or blasting grit to mask the leaching of hazardous constituents is not illegal under current regulations, but any masking may only be temporary. Use of such materials does not relieve the generator of CERCLA liability.
 
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.
 
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).
 
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).
 
03/13/1996USE 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.
 
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.
 
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.
 
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.
 
11/01/1994Statement of Michael Shapiro, Director of the Office of Solid Waste: Strategy for Hazardous Waste Minimization and CombustionPublication
 Description: This document announces EPA's Strategy for Hazardous Waste Minimization and Combustion. It discusses the role of waste minimization in the RCRA hazardous waste management program and addresses the role of combustion; presents EPA's views on expanded public involvement in the RCRA decision-making process, the need for strong compliance and enforcement, and the role of risk assessment in the permitting of hazardous waste combustion facilities; and highlights the strategic directions developed by EPA through an extensive and open process to solicit views from all affected parties.
 
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).
 
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).
 
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.
 
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.
 
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.
 
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.
 
10/09/1990CONTAMINATED 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.
 
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.
 
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.
 
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.
 
02/09/1989MINERAL PROCESSING FACILITIES, REPORT TO CONGRESSMemo
 Description: Pursuant to 8002(p), EPA is conducting a national survey on large-volume mineral processing wastes (SEE ALSO: current 261.4(b)(7)(i)-(xx) Bevill exemption for mining and mineral processing wastes). A response to the survey is required under 3001 and 3007 of RCRA. A failure to respond may result in fines or penalties under 3008.
 
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).
 
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).
 
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).
 
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.
 
01/26/1988ZINC 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.
 
12/14/1987RCRA 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.
 
06/09/1987SURFACE 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).
 
06/05/1987OSHA HAZARDOUS WASTE SITE ACTIVITYMemo
 Description: EPA and OSHA do not have a signed agreement to conduct joint inspections or to make referrals. OSHA may have information useful for RCRA permit writers who are evaluating elements of Part B applications, such as worker safety and contingency plans.
 
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.
 
04/02/1987RELEASES 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).
 
01/01/1987CORRECTIVE 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.
 
09/12/1986WOOD 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.
 
05/01/1986RESPONSE TO REGION III IMPLEMENTATION AND OVERSIGHT ISSUESMemo
 Description: A major handler’s list used for purposes of enforcement and inspection. When EPA narrows the scope of federal regulation, it cannot enforce state regulations broader in scope. When EPA reduces stringency of federal regulations, they can still overfile or enforce more stringent state regulations.
 
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).
 
01/01/1986CORRECTIVE 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).
 
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.
 
05/01/1985RCRA INSPECTIONSQuestion & Answer
 Description: Discusses the scope of a Section 3007 inspection. The inspection must be for the purpose of developing regulations or enforcing RCRA 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)).
 
12/18/1984PENALTIES FOR FAILURE TO SUBMIT A COMPLETE AND ADEQUATE PART B APPLICATIONMemo
 Description: EPA has the authority to assess civil penalties for the failure to submit a complete permit application (3008). Part 265 requirements apply to RCRA facilities until either a permit is issued or until all applicable Part 265 closure and post-closure responsibilities are fulfilled.
 
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.
 
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.
 
05/02/1984INADEQUATE PART B PERMIT APPLICATIONMemo
 Description: The determination that a Part B permit application is complete does not mean that it is free of deficiencies. Applicants can be compelled to submit more information after the permit application is deemed complete. A State or Region may use 3008 orders to obtain the necessary information.
 
04/01/1984MAINTAINING COPIES OF MANIFESTS AND BIENNIAL REPORTSQuestion & Answer
 Description: Generators are not required to keep copies of manifests and biennial reports on site. Copies can be kept at corporate headquarters. A generator must be able to provide to EPA information on, or access to, records. TSDFs must keep copies of manifests on site. Biennial reports must be furnished upon request and made available for inspection by EPA personnel.
 
07/11/1983MAJOR HANDLERS OF HW - DEFINITIONMemo
 Description: EPA USES a “major handler” DESIGNATION TO IDENTIFY ENVIRONMENTALLY SIGNIFICANT HAZARDOUS WASTE HANDLERS upon whom EPA will CONCENTRAte its INSPECTION, PERMITTING, AND REPORTING RESOURCES. Provides a list of hazardous waste handling activities that EPA considers “major.”
 
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.
 
04/02/1981COLLECTION OF ECONOMIC DATA UNDER RCRA 3007Memo
 Description: EPA information gathering authority granted under RCRA 3007 extends to the collection of economic data.
 
06/18/1980DOT'S ROLE IN THE TRANSPORTATION OF HAZARDOUS WASTEMemo
 Description: EPA and DOT have a memorandum of understanding (MOU) for the jurisdiction of discharges of hazardous waste, intrastate inspection, compliance, and enforcement. State authorization includes provisions for transporter regulations and whether the state’s program is equivalent to the DOT standards.
 
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