RCRA corrective action definitions under Subpart F and proposed Subpart S. RCRA Information Brief

Abstract

If EPA or the authorized State determines there has been a release of a hazardous waste or hazardous waste constituent at an interim status facility, RCRA Section 3008(h)(1) authorizes EPA or the authorized State to issue an administrative order requiring corrective action or other measures. There are no regulations specifically addressing corrective action orders under Subpart F. However, while an interim status facility is seeking a RCRA permit, the facility is required by 40 CFR 265 Subpart F to monitor ground water and report the results of this monitoring program to the regulatory agency. If a release of a hazardous waste or hazardous waste constituent occurs, the facility may be issued a RCRA Section 3008(h) Order to conduct corrective action. While the proposed Subpart S regulations apply specifically to SWMUs at permitted TSDFs, EPA intends to use similar corrective action requirements at interim status facilities where there has been a release of a hazardous waste or hazardous waste constituent. The specific requirements for corrective action at an interim status facility will be specified in a RCRA Section 3008(h) Order. Alternatively, EPA may compel corrective action under proposed Subpart S through a permit Schedule of Compliance, especially if the permit is expected to be issued in the near term. This information Brief discusses the terminology used in the two corrective action programs and discusses both the proposed Subpart S rule and the final CAMU and TU rule.