rcra corrective action - astswmo€¦ · rcra corrective action astswmo hazardous waste training...

RCRA Corrective Action

ASTSWMO Hazardous Waste Training Conference

June 16, 2011

Dan Evans, NYSDEC,

RCRA Corrective Action

• What?• Why?y• How?• Interactions with EPA• GPRA

What is Corrective Action?

Statutory Authority• Resource Conservation and Recovery Act of y

1976• Hazardous and Solid Waste Amendments of

1984


Regulatory Authority• 40 CFR Parts 239-282• § 264.101 for corrective action

– Must institute corrective action for releases from SWMUs to protect human health and the environmentPermit will contain schedule of compliance– Permit will contain schedule of compliance

– Not limited to the facility boundary


Authorized States• EPA has delegated corrective action authority g y

to 43 states and territories.• Each authorized state must enact its own

laws and regulations as strict or stricter than the federal laws and regulations

What facilities are subject toWhat facilities are subject to CA?

• Permitted TSDFs• Interim Status Facilities

What contamination isWhat contamination is addressed?

• Solid Waste Management Units (SWMUs)– any discernible unit where solid or hazardous

wastes have been placed at any time– any area where solid wastes have been routinely

and systematically releasedand systematically released.– Tanks, container storage areas, sumps, lagoons,

landfills, etc.

What contamination isWhat contamination is addressed?

• Areas of Concern (AOCs)– Any release not associated with a SWMU– Spills, unknown

Closure

• Generally consists of dismantling of the unit and either decontaminating for reuse or off-site disposal. C i l d i ti ti d di ti f• Can include investigation and remediation of any contaminants released from the unit.

• Clean closure requires removal to pre-disposalClean closure requires removal to pre disposal conditions.

• If clean closure is not achievable, post-closure care ill b i dwill be required.

• Closure and post-closure requirements are often combined with corrective actioncombined with corrective action

Why is corrective actionWhy is corrective action performed?

• Protection of Human Health and the Environment

• Prevent creation of superfund sites

How is corrective actionHow is corrective action completed?

• Hazardous Waste Management Permits– §3004(u), releases from SWMUs– §3004(v), releases beyond facility boundary– §3005(c)(3), omnibus permitting authority

• Consent Orders– §3008(h), covers any release including interim

status facilitiesstatus facilities– §7003, a release poses significant threat or harm

• Voluntary Basis• Voluntary Basis

Corrective Action Process

CORRECTIVE ACTION PROCESSCORRECTIVE ACTION PROCESS

1) RCRA Facility Assessment (RFA) – looks at existing1) RCRA Facility Assessment (RFA) looks at existing information on environmental conditions and actual or potential releases P li i R i Preliminary Review Visual Site Inspection Sampling Visit – Work Plan and Reportp g p

CORRECTIVE ACTION PROCESSCORRECTIVE ACTION PROCESS

2) RCRA Facility Investigation (RFI) – ascertains the2) RCRA Facility Investigation (RFI) ascertains the nature and extent of contamination for releases identified during the RFA W k Pl Work Plan Report

CORRECTIVE ACTION PROCESSCORRECTIVE ACTION PROCESSCORRECTIVE ACTION PROCESS CORRECTIVE ACTION PROCESS

3) Corrective Measure Study (CMS) – identifies and3) Corrective Measure Study (CMS) identifies and evaluates different alternatives for a final remedial action culminating in the Statement of Basis


3) Corrective Measure Study (CMS)3) Corrective Measure Study (CMS)

• Selection of cleanup of cleanup levelsp p– Groundwater

• Prevent exposures• Control migration• Control migration• MCLs

– Soils• Background• Risk based • Other standards


3) Corrective Measure Study (CMS)3) Corrective Measure Study (CMS)

• Statement of Basis– Prepared by the regulatory authority– Draft is released for public comment– Final document considers all comments and responds in a

responsiveness summary


4) Corrective Measure Implementation (CMI) –4) Corrective Measure Implementation (CMI) detailed design, construction, operation, maintenance and monitoring of the final selected

dremedy

CORRECTIVE ACTIONCORRECTIVE ACTIONCORRECTIVE ACTION PROCESS

CORRECTIVE ACTION PROCESS

5) Interim Corrective Measures (ICMs)

An ICM is a short term action taken to control ongoing risks while site characterization is under

t k i t l ti f fi l dway or taken prior to selection of a final remedy. ICMs can be done by the facility or required by the Department either after the RFA or after the RFIDepartment either after the RFA or after the RFI.

CORRECTIVE ACTIONCORRECTIVE ACTIONCORRECTIVE ACTION PROCESS

CORRECTIVE ACTION PROCESS

Institutional Controls

– Land use restrictions (commercial, industrial etc)– Groundwater use restrictions– Vapor mitigation– Vapor mitigation

• Deed restrictions• Environmental Easement• Environmental Notice

CORRECTIVE ACTION PROCESS CORRECTIVE ACTION PROCESS

OM&M

Period of operation of the constructedPeriod of operation of the constructed remedy. Operation of the remedial system and any required monitoring.and any required monitoring.

• Groundwater pump & treat• Air sparge / SVE systemsp g y• Leachate collection• Long term groundwater monitoring

What is a Post-ClosureWhat is a Post Closure Permit?

• If your permitted facility has or had a permitted unit; AND

• If the permitted unit (s) had releases to the environment; AND

• The facility was not able to close that unit clean;

Then…that facility is in the Post-Closure Universe

Other CA Tools

• Temporary Unit – TU• Corrective Action Management Unit – CAMUg• Staging Pile• Remedial Action Plan

Other CA Tools

• Contained In Determinations– Policy allows excavation and transport of low level

listed waste without triggering hazardous waste management rules

• Active Waste Management• Active Waste Management– Allows excavation and relocation of contaminated

media within an AOC without triggering hazardous gg gwaste management rules

PUBLIC PARTICIPATION PUBLIC PARTICIPATION OPPORTUNITIESOPPORTUNITIES

• Public Notice of Closure Plans• Public Notice of Statement of Basis• Fact Sheets

Financial Assurance for Financial Assurance for Corrective ActionCorrective Action

R l ti bl l t t i fi i l• Regulations enable regulators to require financial assurance for corrective action

• Largest financial burden is usually in CMI phaseLargest financial burden is usually in CMI phase• Early cost estimate is needed• Since regulations are non-specific, FA for corrective g

action must be negotiated within permit or consent order language

EPA’s RoleEPA’s RoleEPA s RoleEPA s Role

• Tracks Progress of Projects thru RCRAInfo• Tracks Progress of Projects thru RCRAInfo

• Administers RCRA Grant Program• Administers RCRA Grant Program

P id T h i l/Ad i i t ti /L l• Provides Technical/Administrative/Legal Assistance to State as needed

• Occasional Lead Agency on Projects

RCRAINFORCRAINFORCRAInfo is EPA’s tracking system for milestones

hi d i l di itti d ti tiachieved, including permitting and corrective action.– Ownership is with Federal Government – all

states and territories tracked in RCRAInfostates and territories tracked in RCRAInfo– Database is populated by entering various codes

Into RCRAInfo

RCRAINFORCRAINFOExamples:– CA050 RFA Completed– CA070NO Determination of Need for an

Investigation - Investigation is Not NecessaryInvestigation - Investigation is Not Necessary– CA400 Remedy Decision– CA550NR Remedy Completiony p– CA550RC Remedy Completion

RCRA Grant Work PlanRCRA Grant Work PlanRCRA Grant Work PlanRCRA Grant Work Plan

• EPA Supplies Funding to Complete Milestones on RCRA Facilities

• Grant Work Plan Compiled Each FY –Indicates commitments to be accomplished

• Grant Work Plan Items (Milestones Achieved) reported every six months

GOVERNMENT PERFORMANCE AND RESULTS ACT OF 1993

GOVERNMENT PERFORMANCE AND RESULTS ACT OF 1993AND RESULTS ACT OF 1993

(GPRA)AND RESULTS ACT OF 1993

(GPRA)• Required EPA to develop results-based indicators in its

national enforcement and compliance assurance programprogram

• Intended to shift the focus of the RCRA Program fromIntended to shift the focus of the RCRA Program from administrative milestones (RFI, CMS, CMI) to more meaningful indicators of the success of the RCRA

i i d i i i ilcorrective action program – administrative milestones must still be completed, but priority is given to completing environmental indicators for certain facilitiescompleting environmental indicators for certain facilities

CA Environmental Indicators CA Environmental Indicators

CA 725 H man E pos re Controlled• CA 725 – Human Exposure Controlled• CA750 - GW Migration Controlled

Other Key Milestones:• CA 400 - Remedy Selected• CA550 - Remedy Completed

GOVERNMENT PERFORMANCE GOVERNMENT PERFORMANCE AND RESULTS ACT OF 1993 (GPRA)

(Cont.)AND RESULTS ACT OF 1993 (GPRA)

(Cont.)

• 2005 Corrective Action Baseline - 1,714 facilities• The 2005 GPRA goals were as follows:• The 2005 GPRA goals were as follows:

– 95% Human Exposures Under Control– 70% Migration of Contaminated Ground Water Under Control

• By the deadline of September 30, 2005, EPA had surpassed both goals, reaching 96% and 78%, respectively.reaching 96% and 78%, respectively.

GOVERNMENT PERFORMANCE AND RESULTS ACT OF 1993 (GPRA)

GOVERNMENT PERFORMANCE AND RESULTS ACT OF 1993 (GPRA)AND RESULTS ACT OF 1993 (GPRA) AND RESULTS ACT OF 1993 (GPRA)

• 2008 Corrective Action Baseline - 1,968 facilities,• The September 30, 2008, GPRA goals were:

– 95% Human Exposures Under Control81% Mi ti f C t i t d G d W t U d C t l– 81% Migration of Contaminated Ground Water Under Control

– 36% Final Remedy Decision – 27% Final Remedy Construction

• The RCRA Corrective Action Program surpassed all four goals, reaching 96%, 83%, 43%, and 34% respectively., , , p y



(Cont.)

• 2020 Corrective Action Baseline - 3,746 facilities• The national goals is to achieve the targeted milestones at• The national goals is to achieve the targeted milestones at

all the baseline facilities by 2020.• Remedy Selected (CA 400) has been dropped as a targeted y ( ) pp g

milestone

Human Exposures Controlled Human Exposures Controlled CA 725CA 725

• Under current conditions, there are no adverse human exposures.

• Every contaminated media type should be evaluated.

• Final remedy is not necessary• EI form is in questionnaire format.• Justification / rationale is required for some of

the questions

Groundwater Migration Under Groundwater Migration Under Control – CA 750Control – CA 750

• Groundwater contaminant plume has been characterized

• Plume migration has been stabilized

• Questionnaire format

Remedy Construction Complete Remedy Construction Complete CA 550CA 550

• Remedy construction complete site wide• 550RC means that a remedy was constructedy• 550NR means no remedy was required• 550NR may be documented with an internal y

memo. (There is no form to fill out.)



(Cont.)

Interim EPA Goals for Corrective Action:2011 GPRA Goal 2015 GPRA Goal 2020 GPRA Goal

Human Health EI 65% 84% 100%CA 725

Groundwater EICA 750

55% 78% 100%

Remedy Construct CA 550

32% 56% 100%

RESOURCES FOR RESOURCES FOR PROJECT MANAGERSPROJECT MANAGERS

• Regulations (§264)• Regulations (§264)– http://ecfr.gpoaccess.gov/cgi/t/text/text-

idx?c=ecfr&sid=385ea9ac5d6e0fb83be2351f0836eb09&rgn=div5&view=text&node=40:25 0 1 1 5&idno=40=text&node=40:25.0.1.1.5&idno=40

• RCRA corrective action manual– http://www.epa.gov/osw/inforesources/pubs/orientat/rom39.pdf

• Groundwater handbook– http://www.epa.gov/epawaste/hazard/correctiveaction/resources/guidan

ce/gw/gwhandbk/gwhb041404.pdf

• National MCLs– http://water.epa.gov/drink/contaminants/index.cfm

RESOURCES FOR RESOURCES FOR PROJECT MANAGERSPROJECT MANAGERS

• Training Resources• Training Resources– http://www.epa.gov/wastes/inforesources/pubs/hotline/training/cact.pdf

htt // t i / /– http://www.trainex.org/rcra_ca/

– http://www.epa.gov/osw/hazard/correctiveaction/curriculum/rcraover.htm

The End

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