More flexible cleanup in Florida: RCRA corrective action reforms.

• Author: DeMeo, Ralph A.
• Position: Resource Conservation and Recovery Act

The Resource Conservation and Recovery Act (RCRA), 42 U.S.C. [section] 6901 et seq., the comprehensive program which regulates the management of hazardous waste, has undergone significant reform within the past few years. At the core of the reforms is "Results-Based Corrective Action," which focuses on remediation outcomes rather than unnecessary administrative process. This includes "setting cleanup goals, providing procedural flexibility in how goals are met, inviting innovative technical approaches, focusing data collection, and letting owner/operators undertake cleanup action with reduced Agency oversight, where appropriate." (1) These reforms are designed to facilitate faster and more cost-effective cleanup while still protecting human health and the environment. These reforms are also consistent with the Florida Department of Environmental Protection's (DEP) policy of "more protection, less process."

This article will highlight the most important recent RCRA corrective action reforms with emphasis on DEP's contaminated media guidance. This article also will explain how these reforms should translate into faster and less costly cleanup of contaminated sites in Florida.

Background

The RCRA corrective action program is located in [section] 3004(u) and (v) of the RCRA Hazardous and Solid Waste Amendments (HSWA) of 1984. The U.S. Environmental Protection Agency granted the State of Florida final authority to implement the RCRA corrective action program on September 18, 2000. (2) EPA's RCRA corrective action program is designed to remove contamination and contamination sources at treatment, storage, and disposal facilities. At the time Florida received authorization to implement the program there were 124 facilities subject to RCRA corrective action in Florida. Other existing and new facilities are potentially subject to this program.

Corrective action provides challenges for owner/operators and program managers due to the unique circumstances of each site. Different wastes, multiple generators, and fragmented sites with unique hydrogeological conditions all make for challenging cleanup scenarios. The multitude of unfinished cleanups have forced regulators to build more efficiencies into the corrective action program.

Corrective Action Reforms

Remedial Action Plans and HWIR-Media

For years hazardous waste generated at cleanup sites was subject to the full suite of regulations under RCRA Subtitle C. The base RCRA program is prevention-oriented and written broadly to apply minimum standards for the management of hazardous waste nationwide. Prevention-oriented programs have different objectives and incentives than response-oriented programs such as Superfund and RCRA Corrective Action and EPA recognized that Subtitle C requirements were inappropriate for cleanup projects.

On November 30, 1998, EPA published its Hazardous Remediation Waste Management Requirements (HWIR-Media) rule that creates five new requirements for RCRA hazardous remediation wastes treated, stored, or disposed during cleanup actions. (3) First, the HWIR-Media rule streamlines the RCRA permitting process for cleanup wastes treated, stored, or disposed during cleanup through the creation of remedial action plans (RAPs), which are special RCRA permits that authorize the treatment, storage, or disposal of hazardous remediation waste. Second, the HWIR-Media rule releases facilities permitted under this new process from facility-wide corrective action requirements. Third, the HWIR-Media rule creates a new type of unit called a "staging pile" that allows for flexibility in storing remediation wastes during cleanup. Fourth, dredged materials managed under the Marine Protection, Research, and Sanctuaries Act or the Clean Water Act are excluded from RCRA Subtitle C requirements. Finally, the HWIR-Media rule provides for an expedited authorization process for states updating their RCRA programs to incorporate federal RCRA revisions.

RAPs are arguably the most innovative corrective action reform in recent years. Prior to the creation of the RAP, facility owners and operators who wished to treat, store, or dispose of remediation waste onsite had to obtain an RCRA permit and comply with all the requirements that come with an RCRA permit including facility-wide corrective action. RAPs are a special form of permit specifically tailored to cleanup scenarios that provide a more streamlined permitting and approval process while maintaining the minimum statutory public participation requirements. RAPs allow facility owners and operators to manage remediation waste where it is excavated or treated without having to perform corrective action at the entire facility. The RAP is designed for the management of hazardous remediation wastes as opposed to as-generated wastes and...