Determinations of TSD facility acceptability under the CERCLA Off-Site Rule

Abstract

On September 22, 1993, the US Environmental Protection Agency (EPA) published the ``Off-Site Rule`` to implement section 121(d)(3) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). CERCLA {section}121(d)(3) requires that wastes generated as a result of remediation activities taken under CERCLA authority and transferred off-site be managed only at facilities that comply with the Resource Conservation and Recovery Act. In 1994, the DOE`s Office of Environmental Policy and Assistance (OEPA), RCRA/CERCLA Division (EH-413) published a CERCLA Information Brief titled ``The Off-Site Rule`` which describes the content of the Off-Site Rule and clarifies some of its implications for DOE remedial actions under CERCLA. Additionally, EH-413 published the Guide on Selecting Compliant Off-Site Hazardous Waste Treatment, Storage and Disposal Facilities which provides a regulatory roadmap for accomplishing off-site transfers of environmental restoration and process hazardous waste at DOE facilities in a manner compliant with the Off-Site Rule and other relevant Federal regulations. Those guidance documents concentrate primarily on DOE`s perspective as a hazardous waste generator. The purpose of this Information Brief is to address the implications of the Off-Site Rule for DOE-owned hazardous waste treatment, storage or disposal facilities that accept CERCLA remediation wastes from off-site locations.