Guidance for Remediation Waste Management at Resource Conservation and Recovery Act (RCRA) Corrective Action Sites

Management of Remediation Waste Under RCRA and Summary Chart

This document finalized treatment standards under the land disposal restrictions (LDR) program for certain hazardous wastes listed after November 8, 1984, pursuant to a proposed consent decree filed with the District Court that established a promulgation date of June 1992. It also finalized revised treatment standards for debris contaminated with listed hazardous waste or debris that exhibits certain hazardous waste characteristics, and several revisions to previously promulgated standards and requirements.

This memorandum confirms that, under current regulations, certain broad areas of contamination (AOCs) may be considered to be RCRA landfills. Under certain conditions, hazardous wastes may be moved within such areas without triggering RCRA land disposal restrictions or minimum technology requirements. This memorandum also describes the distinctions between the final Corrective Action Management Unit (CAMU) regulations and the AOC approach, and encourages appropriate use of both options to expedite remedial actions.

This document is Title 40 of the Code of Federal Regulations regarding contamination caused by hazardous wastes. In many cases, a factual determination will be required as to when hazardous wastes were land disposed in order to determine whether they were prohibited at that time and whether, therefore, the prohibition continues to apply to contaminated soil. However, if information is not available it is generally reasonable to assume that contaminated soils do not contain untreated hazardous wastes placed after the effective dates of applicable land disposal prohibitions. This is because placement of untreated hazardous waste after applicable LDR effective dates would be a violation of RCRA, subject to significant fines and penalties including criminal sanctions.

This document is in Title 40 of the Code of Federal Regulations regarding land disposal restrictions. EPA added amendments to the rule authorizing treatment variances from the national Land Disposal Restrictions (LDR) treatment standards. The clarifying changes adopted EPA’s longstanding interpretation that a treatment variance may be granted when treatment of any given waste to the level or by the method specified in the regulations is not appropriate. Application of the national treatment standard could be found to be “inappropriate”, specifically where the national treatment standard is unsuitable from a technical standpoint or where the national treatment standard could lead to environmentally counterproductive results by discouraging needed remediation.

This rule conditionally exempts small scale treatability studies from Subtitle C regulation. EPA updated the rule in 1994, and the principal change to the existing rule was to increase the quantity of contaminated media which are conditionally exempt from Subtitle C regulation, when used in conducting treatability studies.

This document is in Title 40 of the Code of Federal Regulations regarding temporary storage of hazardous waste. EPA allows for limited on-site storage without the need for a permit or interim status (90 days for over 1000 kg/month generators and 180/270 days for 100-1000 kg/month generators). EPA believes that treatment in accumulation tanks or containers is permissible under the existing rules, provided the tanks or containers are operated strictly in compliance with all applicable standards.

Permit Waivers:

• RCRA Permit Requirements for State Superfund Actions (PDF)(2 pp, 112 K, About PDF)
• Use of Administrative Orders under RCRA Section 7003

These documents below are a memoranda regarding RCRA permit waivers. In general, a State authorized to conduct the RCRA base permit program will have the authority to waive RCRA permit requirements for State Superfund actions as long as: (1) the State has the authority under its own statutes or regulations to grant permit waivers, and (2) the State waiver authority is used in no less stringent a manner than allowed under Federal permit waiver authority.

This document consists of letters answering questions concerning the applicability of RCRA to certain situations (e.g. spills) involving remediation of contamination at a facility.

This document is in Title 40 of the Code of Federal Regulations regarding performing Corrective Action activities during interim status. Section 3008(h) authorizes EPA to order a facility owner or operator to conduct Corrective Action during interim status when EPA determines that there is or has been a release of hazardous waste into the environment. This document describes how Section 270.72(a)(5) allows interim status facilities to make changes in accordance with Corrective Action orders issued under Section 3008(h) or other Federal authority.

This letter details RCRA Regulations for actions taken in immediate or emergency response to a discharge of hazardous waste, or an imminent and substantial threat of discharge of a hazardous waste. Transportation to a remote site is exempt from permitting, however, RCRA emergency permits (40 CFR 270.61) can be used for destruction activities. These permits may only be issued when the Region or State finds that an imminent and substantial endangerment to human health or the environment exists, according to the requirements of 40 CFR 270.61.

This rule provides EPA with the authority to grant a permittee temporary authorization, without prior public notice and comment, to conduct activities necessary to respond promptly to changing conditions.