• EPA may not take or fund remedial actions in a state unless the state ensures the availability of hazardous waste treatment and disposal capacity.
• RCRA focuses on waste management and corrective action, while CERCLA focuses on cleanup activities.

In assessing cleanup remedies, the Environmental Protection Agency (EPA) considers the long-term uncertainties associated with land disposal, long-term maintenance costs, and other considerations.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) requires that onsite remedies attain any substantive requirements, standards, criteria, or limitations under federal or more stringent state environmental laws, including the Resource Conservation and Recovery Act (RCRA), that are determined to be applicable or relevant and appropriate requirements (ARARs) (unless site-specific waivers are obtained). Furthermore, the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) provides that removal actions attain ARARs whenever practicable. This means, for example, that whenever a remedial action involves onsite treatment, storage, or disposal of hazardous waste, the action must meet RCRA’s technical standards for treatment, storage, or disposal. EPA interprets CERCLA to mean that Superfund sites are not required to comply with administrative requirements (e.g., recordkeeping and permits), but that RCRA technical requirements may apply as ARARs. NCP, the blueprint for the Superfund program, details the application of ARARs to Superfund remedial actions cited in 300.435(b)(2).

Once hazardous substances, contaminants, or pollutants are transported from a Superfund site, they are subject to CERCLA’s off-site requirement that they go to a facility that EPA has determined acceptable to receive CERCLA wastes. CERCLA wastes that are RCRA hazardous wastes must go to a Subtitle C facility acceptable under the CERCLA off-site policy. Each regional office has an off-site contact who makes the acceptability determination prior to each offsite shipment of CERCLA wastes.

Finally, EPA may not take or fund remedial actions in a state unless the state ensures the availability of hazardous waste treatment and disposal capacity. This hazardous waste capacity must be adequate to manage the wastes generated in the state for a period of 20 years and for facilities that are in compliance with RCRA Subtitle C requirements.

RCRA corrective actions vs. CERCLA response

RCRA authorizes EPA to require corrective action (usually under an enforcement order or as part of a permit action) whenever there is, or has been, a release of hazardous waste or constituents. Further, RCRA allows EPA to require corrective action beyond the facility boundary. EPA interprets the term “corrective action” to cover the full range of possible actions, from investigations, studies, and interim measures to full cleanups. Anyone who violates the corrective action order can be fined up to $25,000 per day of noncompliance and runs the risk of having their operating permit suspended or revoked.

The general distinction between RCRA and CERCLA is as follows: RCRA focuses on waste management and corrective action, while CERCLA focuses on cleanup activities. However, the two programs overlap. For example, RCRA standards are considered ARARs and are central to selecting remedies under CERCLA. Moreover, the RCRA corrective action and the CERCLA response action programs use parallel (but not identical) procedures.