RCRA corrective action permit requirements and modifications under proposed Subpart S rule. RCRA Information Brief

Abstract

Corrective action is required under the authority of the Resource Conservation and Recovery Act (RCRA) Sections 3004(u) and(v) which were added by the Hazardous and Solid Waste Amendments of 1984 (HSWA). In response to HSWA, the US Environmental Protection Agency(EPA) proposed a comprehensive corrective action program under 40 CFR 264 Subpart S [55 FR 30798, July 27, 1990]. Although Subpart S is still only proposed, it is being implemented by the EPA Regions until the rule is finalized. Proposed Subpart S corrective action applies to releases to any media from any solid waste management unit (SWMU) at a treatment, storage, or disposal facility (TSDF). Corrective action requirements under proposed Subpart S are imposed through permit conditions or, for interim status facilities, through a RCRA Section 3008(h) order. In general, upon initial regulation of a TSDF, the owner or operator submits a Part A permit application, notifying the regulatory agency of waste management activities. The Part A consists of a form containing general information about the facility, the unit(s) affected, and the wastes managed in the units. Part B of the permit application provides detailed information on the facility, the units affected, and the waste managed. The Part B permit applicationmore » may consist of several volumes of information. Proposed Subpart S requirements, would be contained in the Part B permit application. The Part B permit application proposes requirements and conditions intended to respond to the various RCRA requirements for permitted units. This submittal initiates the negotiation process for regulated SWMUS, whereby the requirements and conditions for unit operation are established. The term of the permit is typically 5 or 10 years, after which a permit renewal or issuance of a new permit is required. This Information Brief provides information on the permit requirements and process under proposed Subpart S.« less