Book Description

Under Section 121(d)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986, wastes generated as a result of CERCLA remediation activities and transferred off-site must be managed at a facility operating in compliance with federal laws. EPA issued its Off-Site Policy (OSWER Directive No. 9834, 11), which gave guidance on complying with this particular requirement. Specifically, EPA requires off-site waste management facilities to fulfill EPA's definition of acceptability and has established detailed procedures for issuing and reviewing unacceptability determinations. EPA proposed amending the National Contingency Plan (NCP) (40 CFR part 300) to include the requirements contained in the Off-Site Policy (53 FR 48218). On September 22, 1993 EPA published the Off-Site Rules [58 FR 49200], which became effective on October 22, 1993. The primary purpose of the Off-Site Rule is to clarify and codify CERCLA's requirement to prevent wastes generated from remediation activities conducted under CERCLA from contributing to present or future environmental problems at off-site waste management facilities that receive them. Thus, the Off-Site Rule requires that CERCLA wastes only be sent to off-site facilities that meet EPA's acceptability criteria. The final Off-Site Rule makes two major changes to the proposed Off-Site Rule: (1) only EPA, not an authorized State, can make determinations of the acceptability of off-site facilities that manage CERCLA wastes, and (2) the Off-Site eliminate the distinction between CERCLA wastes governed under pre-SARA and post-SARA agreements. The purpose of this information Brief is to highlight and clarify EPA's final Off-Site and its implications on DOE remedial actions under CERCLA.