CHAPTER 9

CORRECTIVE ACTION TO CLEAN UP

HAZARDOUS WASTE CONTAMINATION

investigation and subsequent corrective action

In this chapter… necessary to protect human health and the
environment varies significantly among these
Overview ........................................................... III-121 facilities.
Corrective Action Implementation ..................... III-122
- Permitted Corrective Action ........................... III-122 The corrective action program is a unique part of
- Corrective Action Orders ............................... III-122 RCRA because
- Voluntary Corrective Action ........................... III-123 there are no
Improving Corrective Action ............................. III-123 comprehensive
- Special Provisions for Cleanup ..................... III-123 cleanup
- Environmental Indicators ............................... III-124 regulations.
- RCRA Cleanup Reforms ............................... III-125 Instead, EPA
- RCRA Brownfields Prevention Initiative ........ III-125 implements
Traditional Corrective Action Components ....... III-125 corrective action
- Initial Site Assessment .................................. III-125 primarily through
- Site Characterization ..................................... III-125 guidance, and
- Interim Actions ............................................... III-125 enforces it largely
- Evaluation of Remedial Alternatives .............. III-126 through statutory
- Remedy Implementation ............................... III-126 authorities
Summary .......................................................... III-126 established by
Additional Resources ....................................... III-126 HSWA. Prior to
HSWA, EPA’s
statutory authority
to require cleanup
OVERVIEW of hazardous
Past and present activities at RCRA facilities releases was limited to situations where the
have sometimes resulted in releases of hazardous contamination presented an “imminent and
waste and hazardous constituents into soil, ground substantial endangerment to health or the
water, surface water, sediments, and air. The Statute environment.” Regulatory authority was limited to
generally mandates that EPA requires the releases identified during ground water monitoring
investigation and cleanup, or remediation, of these at RCRA-regulated land-based hazardous waste
hazardous releases at RCRA facilities. This program units, such as landfills or surface impoundments.
is known as corrective action. Approximately Through HSWA, Congress substantially expanded
3,700 sites are undergoing corrective action, almost EPA’s corrective action authority, allowing the
three times the number of sites found on the Agency to address any releases of hazardous waste
Superfund National Priorities List (NPL) (as or hazardous constituents to all environmental media
discussed in Section VI, Chapter 2). The degree of at both RCRA permitted and nonpermitted facilities.

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Section III: Managing Hazardous Waste – RCRA Subtitle C

Rather than implementing a rigid regulatory • Releases from solid waste management units
framework for corrective action, the Agency has (SWMUs) – Under the authority of §3004(u) of
developed guidance and policy documents to assist the Act, EPA requires corrective action for
facilities conducting cleanups. EPA recently releases of hazardous waste or hazardous
developed a set of targeted administrative reforms, constituents from SWMUs in a facility’s permit.
known as the RCRA Cleanup Reforms, to achieve A SWMU is any discernible unit where solid or
faster, more efficient cleanups. The RCRA Cleanup hazardous wastes have been placed at any time,
Reforms represent a comprehensive effort to address or any area where solid wastes have been
key impediments to cleanups, maximize program routinely and systematically released.
flexibility, and spur progress toward a set of national
cleanup goals. • Releases beyond the facility boundary –
§3004(v) of the Act authorizes EPA to impose
corrective action requirements for releases that
CORRECTIVE ACTION have migrated beyond the facility boundary.
IMPLEMENTATION This corrective action provision can be
complementary to §3004(u), but it is not
One of the keys to understanding the RCRA expressly limited to releases from SWMUs.
corrective action program is knowing how a facility
becomes subject to corrective action. Facilities • Omnibus permitting authority – This provision,
generally are brought into the RCRA corrective found in §3005(c)(3) of the Act, allows EPA or
action process when there is an identified release of an authorized state to include any requirements
hazardous waste or hazardous constituents, or when deemed necessary in a permit, including the
EPA is considering a facility’s RCRA permit requirement to perform corrective action. This
application. Additionally, a facility owner or authority is particularly useful at permitted
operator may volunteer to perform corrective action facilities when there is a release not associated
by entering an agreement with EPA in order to with any particular SWMU. (Omnibus
expedite the process. permitting authority is fully discussed in Section
III, Chapter 5.)

Permitted Corrective Action

Corrective Action Orders
When a facility is seeking a permit, or when a
permit is already in place, EPA can incorporate EPA also possesses additional authorities to
corrective action into the permit requirements. order corrective action that are not contingent upon a
Permitted facilities are required under 40 CFR Part facility’s permit. The statutory provisions to issue
264, Subpart F, to monitor ground water to detect corrective action orders are:
and correct any releases from regulated land-based
• Releases at interim status facilities – §3008(h) of
hazardous waste land disposal units (as discussed in
the Act authorizes EPA to require corrective
Section III, Chapter 5). HSWA further expanded
action or other necessary measures through an
EPA’s permit authority for corrective action to
administrative enforcement order or lawsuit,
address all environmental media, as well as releases
whenever there is or has been a release of
from areas other than regulated land disposal units,
hazardous waste or constituents from an interim
such as tanks or containers. Permits issued to RCRA
status RCRA facility (i.e., a facility that has not
facilities must, at a minimum, contain schedules of
yet received a RCRA permit).
compliance to address these releases and include
provisions for financial assurance to cover the cost • Imminent and substantial endangerment – This
of implementing those cleanup measures. The authority, found in §7003 of the Act, allows
HSWA statutory provisions for addressing corrective EPA, upon evidence of past or present handling
action in permits are as follows: of solid or hazardous waste, to require any
action necessary when a situation may present

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 Chapter 9: Corrective Action to Clean Up Hazardous Waste Contamination

an imminent and substantial endangerment to
Special Provisions for Cleanup

health or the environment (i.e., poses significant
threat or harm). This authority applies to all Cleaning up RCRA facilities under the
facilities subject to RCRA, whether or not they corrective action program may involve the
have a RCRA permit. EPA can waive other management of large amounts of waste such as
RCRA requirements (e.g., a permit) to expedite
Figure III-35
the cleanup process under this provision.
Potential Disincentives Special Provisions for Cleanup

Voluntary Corrective Action Obtaining a traditional RCRA permit for

Remedial Action Plan (RAP)
treatment, storage or disposal

Corrective action need not always be initiated Remediation waste management

LDU minimum technical requirements units (i.e., CAMUs, TUs, and
subject to permit requirements or an enforcement staging piles)
order. Owners and operators of RCRA-regulated Alternative LDR soil treatment
LDR treatment standards
facilities may also volunteer to perform corrective standards

action. Some activities which may be necessary to

contaminated soils, water, debris, and sludges which
achieve corrective action goals at a facility, however,
contain a listed waste or exhibit a characteristic of
may require formal approval by EPA or the state.
hazardous waste. Such cleanup wastes are referred
EPA, therefore, encourages owners and operators to
to as remediation wastes. Remediation wastes are
work closely with EPA and state agencies to obtain
generally subject to the same management standards
sufficient oversight during voluntary cleanup
as newly generated RCRA hazardous waste,
activities.
including TSDF standards, permits, and land
disposal restrictions (LDR). These management
IMPROVING CORRECTIVE ACTION standards are sometimes counterproductive when
applied to cleanups because they may unnecessarily
EPA has identified several factors that inhibit the slow the corrective action process and increase the
efficiency and timeliness of the cleanup program. In cost of corrective action without providing a
some instances, cleanups have suffered from an concomitant level of protection of human health and
emphasis on process steps, instead of process goals. the environment. Figure III-35 illustrates potential
Thus, EPA seeks to reduce these hindrances by disincentives to the cleanup program and EPA’s
allowing more flexibility during the cleanup process. remedies.
EPA has reformed the corrective action program by:
addressing specific disincentives through regulatory In order to mitigate the impact of these
changes; focusing on near-term goals; and stressing management standards on the corrective action
results-based approaches, instead of a process-based program, EPA promulgated streamlined regulations
scheme. that allow the use of alternative remediation waste
permit and unit standards. These alternative
The Agency has finalized provisions to facilitate standards ensure cleanups are fully protective while
faster, more efficient cleanups. For example, EPA eliminating some of the regulatory hurdles
has established alternative soil standards for associated with waste management. For example,
cleanups (as discussed in Section III, Chapter 6); the Agency promulgated a modified version of a
harmonized the sometimes duplicative closure and permit, the Remedial Action Plan (RAP). Unlike the
correction action requirements; and increased traditional RCRA permit, the RAP is tailored to the
flexibility for “cleanup only” facilities by developing needs of a facility that manages remediation waste.
streamlined RCRA cleanup permits, removing the
obligation for facility-wide corrective action, and EPA also provided options for increased cleanup
introducing new units for managing cleanup wastes. flexibility by establishing three types of remediation
waste management units: temporary units (TUs),
corrective action management units (CAMUs),
and staging piles.

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Section III: Managing Hazardous Waste – RCRA Subtitle C

TUs are tanks or container storage areas that exposure to pollutants and/or for ground water
EPA designated to be used solely for the treatment or contamination. EPA identified many of these
storage of remediation wastes during cleanups. EPA facilities using the National Corrective Action
or authorized states can modify the design, Prioritization System (NCAPS), a computer-based
operating, and closure standards that normally apply ranking system that prioritizes the cleanup of the site
to these units in order to facilitate prompt cleanup of relative to other sites. The relative ranking (i.e.,
contaminated waste sites. high, medium, or low) assigned to each site is based
on an evaluation of four pathways of actual or
A CAMU is an area within a facility that is used
potential contamination (i.e., ground water, surface
only for managing CAMU-eligible wastes for
water, air, and soil).
implementing corrective action or cleanup at the
facility. A CAMU must be located within the The environmental indicators used are Current
contiguous property under the control of the owner Human Exposures Under Control and Migration of
or operator where wastes to be managed in the Contaminated Groundwater Under Control. The
CAMU originated. By designating an area as a Agency and authorized States will verify and
CAMU, EPA exempts that area from LDR and the document that by the year 2005, 95 percent of the
land disposal unit (LDU) minimum technological baseline facilities have current human exposures
requirements (MTR). However, waste must meet under control and 70 percent have migration of
minimum treatment standards for its principal contaminated groundwater under control. These
hazardous constituents (PHCs), and CAMUs must environmental indicators will also aid site decision
meet minimum liner and cap standards similar to the makers by clearly showing where risk reduction is
criteria for municipal solid waste landfills necessary, thereby helping regulators and facility
(MSWLFs) in Part 258 (See Section II). owner and operators reach agreements earlier on
which stabilization measures or cleanup remedies
A staging pile is a unit designated by EPA for
must be implemented.
the temporary accumulation of solid, non-flowing
remediation waste during cleanups. Staging piles do Figure III-36 illustrates the progress EPA has
not have to meet MTR, and LDR treatment standards made thus far in meeting its 2005 goals.
do not apply to the remediation waste managed
within these units. Owners and operators may not
place any liquids in staging piles and cannot conduct Figure III-36
Environmental Indicator Progress
any significant treatment within these units.
Meeting Our 2005 Goals
100

Environmental Indicators
2005 Goal
Although the ultimate goal of the corrective Progress as of
action program is completing final site cleanup, EPA 80 April 2002
assesses the program using environmental indicators.
EPA developed two environmental indicators to
focus efforts on early risk reduction, risk 60
communication, and resource protection. EPA uses
the environmental indicators to measure progress
toward meeting the national cleanup goals 40
established by the Government Performance Results
Act of 1993 (GPRA). To meet the GPRA objectives,
EPA designated 1,714 RCRA facilities as the cleanup 20
baseline because of the potential for unacceptable

0
Human Groundwater EI
Exposures EI

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 Chapter 9: Corrective Action to Clean Up Hazardous Waste Contamination

RCRA Cleanup Reforms along a path. EPA emphasizes that it does not want
studies to be undertaken simply for the purpose of
The goals for the RCRA Corrective Action completing a perceived step in a perceived process.
program remain challenging. To more effectively
meet these goals and speed up the pace of cleanups,
EPA introduced RCRA Cleanup Reforms in 1999
Initial Site Assessment
and additional Reforms in 2001. The 1999 and 2001 The first element in most cleanup programs is an
Reforms build upon actions taken by EPA and states initial site assessment. During the initial site
in recent years to accelerate cleanups. The 1999 assessment information is gathered on site
Reforms outline policies to remove obstacles to conditions, releases, potential releases, and exposure
efficient cleanups, maximize program flexibility, and pathways to determine whether a cleanup may be
initiate progress toward the GPRA cleanup goals. needed and to identify areas of potential concern. In
The RCRA Cleanup Reforms of 2001 highlight the corrective action program, this step is commonly
those activities that EPA believes would best referred to as RCRA Facility Assessment, or RFA.
accelerate program progress and foster creative Overseeing agencies may also use initial site
solutions. assessments to set relative priorities between sites
and allocate resources.

RCRA Brownfields Prevention
Initiative
Site Characterization
A potential RCRA Brownfield is a RCRA Before cleanup decisions can be made, some
facility that is not in full use, where there is level of characterization is necessary to ascertain the
redevelopment potential, and where reuse or nature and extent of contamination of a site and to
redevelopment of that site is slowed due to real or gather information necessary to support selection
perceived concerns about actual or potential and implementation of appropriate remedies. This
contamination, liability, and RCRA requirements. step is often referred to as the RCRA Facility
EPA launched the RCRA Brownfields Prevention Investigation, or RFI. A successful RFI will identify
Initiative on June 11, 1998, with the goal of the presence, movement, fate, and risks associated
encouraging the reuse of potential RCRA with environmental contamination at a site and will
Brownfields so that the land better serves the needs elucidate the chemical and physical properties of the
of the community either through more productive site likely to influence contamination migration and
commercial or residential development or as cleanup.
greenspace.

Interim Actions
TRADITIONAL CORRECTIVE
While site characterization is underway or
ACTION COMPONENTS
before a final remedy is selected, there is often need
Corrective action typically includes five for interim actions at a corrective action site.
elements common to most, though not all, cleanup Interim actions are used to control or abate ongoing
activities: initial site assessment, site risks to human health and the environment in
characterization, interim actions, evaluation of advance of the final remedy selection. For example,
remedial alternatives, and implementation of the actual or potential contamination of drinking water
selected remedy. However, no one approach is supplies may necessitate an interim action to provide
likely to be appropriate for all corrective action alternative drinking water sources.
facilities; therefore, a successful corrective action
program must be procedurally flexible. These five
elements should be viewed as evaluations necessary
to make good cleanup decisions, not prescribed steps

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Section III: Managing Hazardous Waste – RCRA Subtitle C

Evaluation of Remedial Alternatives EPA implements the corrective action program

primarily through guidance, and has not
Before choosing a cleanup approach, program promulgated comprehensive cleanup regulations.
implementors and facility owners and operators will
typically analyze a range of alternatives and evaluate Remediation wastes are those managed for the
their advantages and disadvantages relative to site- purpose of implementing corrective action, and may
specific conditions. Such a study is typically called include contaminated soils, water, debris and sludges
the Corrective Action Measures Study, or CMS. that contain a listed waste or exhibit a characteristic
of hazardous waste.

Remedy Implementation EPA has promulgated provisions more

appropriate for managing remediation waste,
Remedy implementation typically involves including the streamlined permit, or RAP, and
detailed remedy design, remedy construction, remediation waste management units, including the
remedy operation and maintenance, and remedy TU, CAMU, and staging pile.
completion. In the corrective action program, this
step is often referred to as Corrective Measures EPA recently developed a set of targeted
Implementation, or CMI. administrative reforms, known as the RCRA
Cleanup Reforms, to achieve faster, more efficient
cleanups. The RCRA Reforms represent a
SUMMARY comprehensive effort to address key impediments to
cleanups, maximize program flexibility, and spur
Through a process called corrective action, EPA
progress toward a set of ambitious national cleanup
requires RCRA-regulated facilities to investigate and
goals.
clean up releases of hazardous waste or constituents
to the environment.
ADDITIONAL RESOURCES
Corrective action is included as a requirement in
a facility’s permit through §3004(u), §3004(v), or Additional information about corrective action
§3005(c)(3) statutory authorities. Corrective action can be found at www.epa.gov/correctiveaction.
can also be made through an enforcement order Further information about EPA cleanup programs
through §3008(h) or §7003 statutory authorities. can be found at www.epa.gov/epaoswer/osw/
Facilities may also voluntarily choose to clean up cleanup.htm.
their contamination.

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