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RCRA Cleanup Frequent Questions
- What is RCRA?
- What is the RCRA Corrective Action Program?
- What are some common reasons owners or operators of RCRA facilities start corrective action?
- How many facilities are subject to cleanup under RCRA?
- What is the RCRA Cleanup Baseline?
- Who is responsible for conducting investigations and cleanups under RCRA Corrective Action Program?
- Who is responsible for overseeing cleanups conducted under RCRA Corrective Action Program?
- What are EPA Headquarters' Corrective Action Responsibilities?
- What are Environmental Indicators?
- What are EPA's specific goals for achieving Environmental Indicators?
- What are the RCRA Cleanup Reforms?
- Who can I contact to get facility specific information?
- How can the public be involved in Corrective Action?
- What other cleanup efforts exist in EPA?
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RCRA is the Resource Conservation and Recovery Act, which Congress enacted in 1976. RCRA's primary goals are to protect human health and the environment from the potential hazards of waste disposal, to conserve energy and natural resources, to reduce the amount of waste generated, and to ensure that wastes are managed in an environmentally sound manner. In 1984, Congress enacted the Hazardous and Solid Waste Amendments (HSWA) which significantly expanded the scope and requirements of RCRA. For a more in-depth overview of RCRA and its programs, see the RCRA Orientation Manual.
2. What is the RCRA Corrective Action Program?
Accidents or other activities at facilities that treat, store or dispose of hazardous wastes have sometimes led to the release of hazardous waste or hazardous constituents into soil, ground water, surface water, or air. Prior to HSWA, cleanup of such releases focused primarily on protecting groundwater from special kinds of RCRA-regulated land disposal units that received hazardous wastes after July 1982. HSWA made it clear that owners or operators of treatment, storage or disposal (TSD) facilities are responsible for investigating and, as necessary, cleaning up releases at or from their facilities, regardless of when the releases occurred. EPA refers to this cleanup of TSD facilities under these statutory authorities as RCRA Corrective Action.
RCRA Corrective Action is just one of the many tools EPA, States and Tribes use to address the cleanup and revitalization of our nation's hazardous waste sites. For more information about all of EPA's cleanup efforts, refer to EPA's Office of Solid Waste and Emergency Response web page and Question #14 "What other cleanup efforts exist in EPA?". For more information about specific EPA regional offices or State cleanup programs refer to the Contacts feature of the RCRA Corrective Action web site.
3. What are some common reasons owners or operators of RCRA facilities start corrective action?
EPA or an authorized state issues a permit containing corrective action requirements (as well as schedule for implementing those requirements) for investigating and, if necessary, cleaning up contamination at or from a RCRA-regulated facility.
EPA issues an administrative order to address various circumstances, such as where EPA or an authorized state has not yet issued a permit, there are potential imminent and substantial risks, or investigations are needed.
A State issues an order under their own cleanup or brownfields redevelopment authorities. EPA and states are working to ensure that cleanups conducted under these alternative state authorities satisfy RCRA obligations.
A facility owner/operator voluntarily performs corrective action by either conducting investigations and cleanups in advance of regulatory oversight, or by entering into a "voluntary agreement" with EPA or a State cleanup program. (Note: To avoid duplicating efforts and to ensure compliance with applicable laws and regulations, EPA strongly recommends that facilities conducting cleanup actions without oversight by an EPA or State regulator do so with a clear understanding of applicable State and EPA requirements and implementation guidance.)
4. How many facilities are subject to cleanup under RCRA?
Currently, EPA believes that there are over 6,500 facilities subject to RCRA corrective action statutory authorities. Of these, approximately 3,800 facilities have corrective action already underway or will need to implement corrective action as part of the process to obtain a permit to treat, store, or dispose of hazardous waste. EPA refers to these 3,800 facilities as the "corrective action workload." To help prioritize resources further, EPA established specific short-term goals for 1,714 facilities referred to as the RCRA Cleanup Baseline.
5. What is the RCRA Cleanup Baseline?
EPA developed the RCRA Cleanup Baseline in conjunction with the states as a result of a mandate in the Government Performance & Results Act (GPRA) (PDF) (4K, 1p, About PDF) requiring EPA to measure and track program progress toward achieving clearly defined results (see questions # 9 and 10 Environmental Indicators). There are 1,714 facilities on the RCRA Cleanup Baseline. [click here to view the RCRA Cleanup Baseline]
Most of the 1,714 facilities on the baseline were identified in the early 1990's when EPA and the States were determining which situations would benefit from early investigation and cleanup activities. Today, many of these facilities have already made considerable progress in their cleanup efforts and towards meeting the Environmental Indicators.
6. Who is responsible for conducting the investigations and cleanups under RCRA Corrective Action Program?
Owners or operators of facilities subject to RCRA Corrective Action are responsible for conducting investigations and cleanups as necessary to protect human health and the environment. These owners or operators typically present their recommendations for investigation and cleanup activities to the overseeing government official for review and approval.
7. Who is responsible for overseeing cleanups conducted under RCRA Corrective Action Program?
As of June 2003, 38 states and 1 territory (Guam) are "authorized" by EPA to oversee cleanup at treatment, storage and disposal (TSD) facilities under RCRA's Corrective Action program. EPA's authorization is based on a determination that the State is capable of implementing corrective action program equivalent to EPA's program. EPA regional offices have the lead responsibility for implementing corrective action in Indian Country and in States that have yet to be authorized. Furthermore, EPA often retains lead responsibilities when implementing corrective action under enforcement authorities of RCRA such as those included in RCRA §3008(h). However, EPA regions often share responsibilities with authorized as well as unauthorized States and Indian Country to maximize efficiencies with respect to achieving desired cleanup results. In general, EPA supports the variety of creative approaches EPA regions and States/Indian Country use to work together toward achieving corrective action goals.
You can refer to the Key Rule Status chart or the Corrective Action map to find out which states are authorized to implement the RCRA Corrective Action program. Also, you can obtain more information about EPA's regional offices as well as individual State Cleanup Programs by clicking EPA Regions or State Cleanup Programs.
8. What are EPA Headquarters' Corrective Action Responsibilities?
EPA Headquarters oversees the national Corrective Action Program through its Office of Solid Waste and its Office of Site Remediation Enforcement. These offices maintain the RCRA Corrective Action and RCRA Cleanup Enforcement web pages respectively. EPA Headquarters' responsibilities include, for example: developing goals for the regional Corrective Action Programs and monitoring progress toward those goals; developing regulations, policies, and guidance on implementing corrective action; providing technical and policy assistance; acting as a liaison to other EPA programs (e.g., Superfund) and Federal Agencies (e.g., Departments of Defense and Energy) involved in cleanup issues; providing information and testimony to Congress; and, seeking input from outside stakeholders (e.g., regulated community, public interest groups, and environmental groups) to consider various and diverse interests.
9. What are Environmental Indicators?
While the ultimate goal of RCRA Corrective Action is to achieve final cleanups, EPA developed two facility-wide "environmental indicators" to help monitor progress in achieving short-term protection goals a national basis. The two environmental indicators (EIs) are called "Current Human Exposures Under Control" and "Migration of Contaminated Groundwater Under Control." EPA commonly refers to these two environmental indicators as the Human EI and Groundwater EI, respectively. In general terms, these measures indicate current "environmental conditions"-- whether people are currently being exposed to environmental contamination at unacceptable levels -- and whether any existing plumes of contaminated groundwater are getting larger or adversely affecting surface water bodies. EPA designed these Environmental Indicators to help interested persons clearly understand where the most immediate risk reduction is necessary, thereby helping regulators and facility owner/operators reduce delays and focus resources on investigation and cleanup actions that will yield important near-term environmental protection results.
To access additional information concerning Corrective Action Environmental Indicators (including the 1999 guidance document and additional frequently asked questions), refer to Environmental Indicators.
10. What are EPA's specific goals for achieving Environmental Indicators?
The RCRA Corrective Action Program is using these two environmental indicators to monitor progress at the 1,714 facilities on the RCRA Cleanup Baseline in response to the Government Performance and Results Act (GPRA) (PDF) (2.6KB). EPA's specific GPRA goals for these indicators are as follows: by 2005, the States and EPA will verify and document that 95 percent of the GPRA baseline facilities will have "Current Human Exposures Under Control" and 70 percent will have "Migration of Contaminated Groundwater Under Control." For more information on the cleanup status of an individual facility, please refer to the EPA and State Contact List.
Click here to see list of the RCRA Cleanup Baseline facilities that have achieved both Environmental Indicators (PDF, 189.8KB).
11. What are the RCRA Cleanup Reforms?
Since 1984, EPA and authorized states have made considerable progress in implementing the Corrective Action requirements. Despite the progress made, states, environmental groups, other interested segments of the public, and the regulated community have raised concerns, including: slow progress in achieving cleanup or other environmental results; an emphasis on process and reports over actual work in the field; unrealistic, impractical or overly conservative cleanup goals; and lack of meaningful public participation. Because EPA agrees that significant improvements can be made, EPA is undertaking RCRA Cleanup Reforms which were announced in 1999 and 2001. The specific goals for these reform efforts include Faster, Focused and More Flexible Cleanups, and Fostering Creative Solutions. For more information, see the RCRA Cleanup Reforms web page.
12. Who can I contact to get facility specific information?
For a list by EPA region of individuals and their phone numbers to contact if you have facility-specific questions, refer to Contacts for Facility Specific Information. For general questions about the RCRA Cleanup Reforms, please contact the RCRA, Superfund & EPCRA Call Center at 1(800)424-9346.
13. How can the public be involved in Corrective Action?
Public participation plays an integral role in all RCRA programs, including Corrective Action. The RCRA Public Participation Manual provides a clear description of the many public participation activities that are required by federal regulations. It also encourages both the regulators and those responsible for conducting cleanup activities to involve interested members of the public at all appropriate points. Many facilities are assuming greater responsibility for involving the public throughout corrective action; therefore, interested members of the public should feel free to contact representatives of the facility in addition to the lead Agency.
14. What other cleanup efforts exist in EPA?
Along with RCRA Corrective Action, EPA uses a variety of other efforts, approaches and programs to cleanup our nation's waste:
Brownfields: EPA's Brownfields Initiative will empower States, communities, and other stakeholders in economic development to work together in a timely manner to prevent, assess, safely clean up, and sustainably reuse brownfields. A "brownfield site" generally refers to real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. See also RCRA Brownfields.
Superfund: EPA's Superfund Program was established to locate, investigate, and clean up the worst sites nationwide. Under the Superfund Law, EPA is able to make companies and individuals responsible for a contaminated site to perform and pay for investigation and cleanup activities. EPA may also use the Superfund Trust Fund to pay for investigation and cleanups, and then attempt to get the money back from responsible parties through legal actions.
Underground Storage Tanks: EPA estimates that there are about 705,000 underground storage tank systems (USTs) nationwide that store petroleum or hazardous substances. The overall goal of the Underground Storage Tank Progam is to protect human health and the environment through the prevention, detection, and clean up of releases from underground storage tanks (USTs).
Oil Spills: Almost 14,000 oil spills are reported each year. Although many spills are contained and cleaned up by the party responsible for the spill, some spills require assistance from local and state agencies, and occasionally, the federal government. EPA is the lead federal response agency for oil spills occurring in inland waters, and the U.S. Coast Guard is the lead response agency for spills in coastal waters and deep water ports.
Cleanup of Federal Facilities: Across the country, thousands of federal facilities are contaminated with hazardous waste, unexploded ordnance, radioactive waste, fuels, and a variety of other toxic contaminants. These facilities include many different types of sites, such as abandoned mines, nuclear weapons production plants, fuel distribution areas, and landfills. The Federal Government is often subject to the same requirements as other members of the regulated community. RCRA, for example, was amended by the Federal Facilities Compliance Act in 1992 to clarify that the Federal government was fully responsible for compliance with RCRA. To overcome the difficulties posed by contamination at federal facilities, EPA's Federal Facilities Restoration and Reuse Office (FFRRO) works with DOD, DOE, and other federal entities to help them develop creative, cost-effective solutions to their environmental problems. FFRRO's overall mission is to facilitate faster, more effective, and less costly cleanup and reuse of federal facilities.
Technology Innovation Office: The overall mission of the Technology Innovation Office (TIO) is to advocate more effective, less costly approaches (i.e., "smarter solutions") by government and industry to assess and clean up contaminated waste sites, soil, and groundwater. TIO's web site is designed as a forum for anyone interested in waste cleanup (remediation) and contains information on policies, programs, organizations, publications and databases useful to regulators, consulting engineers, technology developers, researchers, and remediation contractors. The site contains technology descriptions and reports as well as current news on business aspects of waste site remediation (clean up) and links to other sites important to managers interested in site characterization and soil and ground water remediation technologies.