Mid-Atlantic Corrective Action

In March 1998, Region 3 developed it’s Facility Lead Agreement as a new mechanism to address RCRA corrective action facilities. The "Facility-Lead Agreement" (FLA) approach encourages RCRA Corrective Action facilities to take the lead in addressing corrective action using a generic, non-enforceable, agreement which includes the same requirements, and relies on the same scope of work and policy as a permit or an order.  Reference Documents are available online. The Agreement includes goals, work plan development, interim measures, final remedies, public participation and reservations of rights. This program streamlines the initial administrative process resulting in quicker starts to actual field work. Case Examples demonstrate the efficiency of this approach

Participating facilities invited into the program generally meet a number of the following factors: good enforcement record, state approval, financial and technical capability, a proactive approach to clean up, and a willingness to work with the Agency. Facilities which receive an invitation from EPA and the State have 30 days to submit a Letter of Commitment. Facilities commit to start the investigation or cleanup within 90 days. While the agreement is not enforceable, if the facility does not make reasonable progress, EPA may issue an order or permit to require the facility to comply with its corrective action obligations. Similarly, if at anytime the facility chooses, they may withdraw from the program and implement Corrective Action under a traditional corrective action mechanism.

Industry Perspective

"...the new flexibility lets his company focus more on efficient cleanup and eliminates a lot of red tape" Isidoros Zanikos, DuPont’s Remediation Team Leader

 (The) Facility Lead Program promotes and allows the"Win/Win/Win" activities. Jerome Cibrik, Union Carbide/Dow Remediation Leader

"A BASF dye and pigment plant in West Virginia is also happy with the new approach" Nancy Martin, BASF Senior Environmental Counsel  

For more information, go to the Frequently Asked Questions page or contact Denis Zielinski at (215) 814-3431 or zielinski.denis@epa.gov