OUTLINE FOR INDUSTRY PERSPECTIVE ON RCRA REGULATIONS AFFECTING CLEANUP LUNCHEON ADDRESS ASTSWMO MEETING -- 8/6/99
I.
Introduction to RCRA Corrective Action Project Founded Fall 1988 Goal is to work constructively with EPA on efficient/protective corrective action program Owner/Operator industry members include: Dupont, General Motors, General Electric, United Technologies, etc. RCAP has been urging Administrative Reforms on EPA -- so pleased with Agency’s 7/8 announcement Focus data gathering Streamline process Realistic remedies Tailor oversight Use alternate authorities
EPA’s Government Performance and Results Act (“GPRA”) goals are a major incentive to implement reforms; but data quality in the RCRA Information System (“RCRIS”) database can be a problem
II.
EPA’s regulations and guidance are a “Good Toolkit” Now Conclude remediation wastes are not hazardous wastes (or at least not listed) Area of Concern (“AOC”) concept Has limits though
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Geographic (contiguous contaminated area) No Ex-Situ (e.g., tank treatment triggers LDR’s) Contained out Can be based on site-specific assumptions
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“Management of Remediation Waste Under RCRA,” EPA OSW 10/98 guidance document should be required reading for all CA regulatory (and owner/operator) personnel
III.
Why Should States Seek Authorization for U.S. EPA Post-Closure and HWIR-Media Rules? A. 10/22/98 Post-Closure Rule Can combine CA and closure for administrative and remediation efficiency Use general protectiveness standard vice § 264.100 remove or treat in place Tailor Part B information submittal to post-closure permitting requirements Same issues can be addressed via U.S. EPA RCRA/CERCLA “parity policy,” but this may leave owner/operators vulnerable to citizen suit
B.
11/30/98 HWIR-Media Rule Broadens CAMU availability Authorizes use of staging pile Allows Remedial Action Plan (“RAP”) “permit” without triggering site-wide corrective action Establishes streamlined state authorization procedures Allows for site-specific, tailored RAP conditions
IV.
Conclusions Good toolkit now, but HWIR-media and post-closure rules offer advantages, such as protection from citizen suits, management of hazardous remediation wastes without sitewide corrective action U.S. EPA must commit to speedy and reasonable state authorization process House Bill (H.R. 2718) may provide relief from RCRA Subtitle C CAMU settlement approaches may complicate managing hazardous remediation wastes
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Above all, EPA should listen to states who are the front line implementers of the RCRA Corrective Action Program.