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Achieving Efficiencies in RCRA Corrective Action: Principles and Tools
There are a variety of enforcement approaches used to accomplish timely corrective action at facilities regulated under the Resource Conservation and Recovery Act (RCRA) 
.
EPA utilizes the following principles and tools at many facility cleanups:
- Public Participation
- RCRA/CERCLA Coordination
- Enforcement Approaches for Expediting Corrective Action
- Letters/Agreements
- Regulations
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Public Participation
EPA is committed to meaningful public involvement in RCRA corrective action. EPA policy encourages public involvement early and often in the permitting process and cleanup programs. Chapter 4 of the RCRA Public Participation Manual (PDF, 50 KB, 18 pp.) addresses public participation in corrective action. The entire RCRA Public Participation manual provides practical information to improve public awareness and involvement.
Additional information regarding EPA's community involvement practices is available from EPA's Office of Environmental Justice web site.
RCRA/CERCLA Coordination
To eliminate duplication of effort and streamline cleanup processes, EPA coordinates the RCRA and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "Superfund") cleanup programs through
- closer coordination among RCRA, CERCLA, and state/tribal cleanup programs; and
- acceptance of decisions made by other remedial programs.
Enforcement Approaches for Expediting Corrective Action
EPA has several enforcement approaches to compel RCRA corrective action. EPA's enforcement approach depends on facility-specific circumstances, including the size and urgency of the threats to human health or the environment, and the cooperation of the involved parties. EPA or the lead state has to assess every situation and determine the best enforcement approach based on the known information. For more information, see EPA's Enforcement Approaches for Expediting RCRA Corrective Action (PDF, 1,020 KB, 22 pp.).
Letters and Agreements
The RCRA cleanup program can sometimes provide comfort/status letters to purchasers or developers. The letters are provided solely for informational purposes and relate only to EPA's RCRA corrective action intentions at a property based on known information. The CERCLA November 8, 1996, "Policy on the Issuance of Comfort/Status Letters" (PDF, 955 KB, 20 pp.), is the model for the RCRA effort.
The Prospective Purchaser Agreement (PPA) is an agreement not to file a lawsuit against a purchaser of property that was contaminated prior to the purchase. Initially, prospective purchaser agreements were done only at sites where Superfund was the legal authority if cleanup was necessary, but EPA is open to considering the site-specific circumstances to determine if a PPA is appropriate for use at RCRA sites. To date, EPA has issued only a few RCRA PPAs. For more information on the first RCRA PPA, see Region 3 GPRA Baseline RCRA Corrective Action for Genicom Corporation (PDF, 85 KB, 4 pp.).
Regulations
EPA regulations designed to help streamline and bring efficiency to the RCRA corrective action process include:
- The Corrective Action Management Unit (CAMU) Rule: Off-Site Management of CAMU Waste - Final Rule (January 22, 2002),
- The Closure-Post Closure Rule: Standards Applicable to Owners and Operators of Closed and Closing Hazardous Waste Management Facilities: Post-Closure Permit Requirement and Closure Process; Final Rule (October 22, 1998), and
- The Hazardous Waste Identification Rule (HWIR) Media Rule:
Hazardous Waste Identification Rule for Contaminated Media (November 30, 1998).