Achieving Efficiencies in RCRA Corrective Action: Principles and Tools

RCRA Cleanup Topics RCRA Cleanup Reforms Achieving Efficiencies in RCRA Corrective Action Financial Assurances RCRA Cleanup Regulations

EPA has provided guidance to EPA and State corrective action project managers on a variety of enforcement approaches that can be used to accomplish timely, protective, and efficient corrective action at Resource Conservation and Recovery Act (RCRA) facilities. A number of the innovative approaches that EPA regional offices and authorized states have developed can be found by visiting Cleanup Enforcement Policies and Guidance. The following tools have been found to be useful at many facility cleanups:

• Public Participation
• RCRA/CERCLA Coordination
• Other Tools

Public Participation

EPA policy is to encourage public involvement early and often in the permitting process and remediation programs as well as in other Agency actions. In 1996, the Agency issued the RCRA Public Participation Manual. Chapter 4 of this manual addresses
public participation in the corrective action process. EPA encourages the use of the entire manual as it provides practical information to improve public awareness and involvement.

EPA reiterated its commitment to meaningful public involvement in RCRA corrective action in the Post-Closure Rule. Moreover, in both the 1999 and 2001 reforms, the Agency set out general principles and expectations for providing the public with the opportunity to become involved at corrective action sites. Additionally, the 2001 Reforms emphasized increased support for technical outreach services as well as the use of readily accessible cleanup information sources.

Another useful source of information about the Agency's community involvement practices is EPA's Office of Environmental Justice web site.

Return to Top

RCRA/CERCLA Coordination

In order to eliminate duplication of effort, streamline cleanup processes, and build effective relationships with states and tribes, EPA tries to coordinate the RCRA and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "Superfund") cleanup programs through the following goals:

• Acceptance of decisions made by other remedial programs;
• Deferral of activities and coordination among RCRA, CERCLA, and state/tribal cleanup programs; and,
• Coordination of closure of regulated units with other cleanup activities.

Return to Top

Other Tools

Another tool to use in the RCRA cleanup process are comfort/status letters which are provided to purchasers or developers. The letters are provided solely for informational purposes and relate only to EPA's intent to exercise its RCRA corrective action authorities at a property based upon the information presently known to EPA. EPA encourages the release of as much information as possible to enable the party to better understand the potential applicability of RCRA cleanup requirements to individual parcels of property and to make informed decisions. The CERCLA November 8, 1996, "Policy on the Issuance of Comfort/Status Letters" (PDF, 955.6KB), is the model for the RCRA effort.

Another potential tool is the Prospective Purchaser Agreement (PPA) which is an agreement not to file a lawsuit against a purchaser of property that was contaminated prior to the purchase. Initially, PPAs were done only at sites where Superfund was the legal authority if cleanup was necessary, but EPA is presently considering whether this tool is appropriate for use in special circumstances at RCRA sites. When used in conjunction with an enforceable corrective action agreement, a RCRA PPA may facilitate the productive reuse of a facility. When contemplating requests for RCRA PPAs and to ensure national consistency, EPA Regions must receive Headquarters concurrence prior to the negotiations. To date, only one RCRA PPA has been issued. For more information, see Region 3 Baseline RCRA Corrective Action for Genicom Corporation (PDF, 14.2KB).

Return to Top