RCRA Corrective Action - How Federal Facility Cleanups Work

Overview

RCRA corrective action is the federal program for investigating and cleaning up contamination at facilities that treat, store, or dispose of hazardous waste (TSDFs). While CERCLA addresses abandoned sites and emergency releases, RCRA corrective action addresses contamination at facilities that are or were actively managing hazardous waste under RCRA permits.

RCRA corrective action is authorized under Section 3004(u) and 3008(h) of the Resource Conservation and Recovery Act (42 U.S.C. 6924, 6928). EPA can require corrective action at any RCRA-permitted facility or at any facility seeking a RCRA permit, regardless of when the release occurred.

As of 2024, there are approximately 3,700 facilities subject to RCRA corrective action nationwide. Many of these are active industrial facilities that continue to operate while cleanup proceeds.

What Triggers RCRA Corrective Action

RCRA corrective action is triggered when contamination is discovered at a facility that has or is seeking a RCRA permit. This can occur through:

RCRA permit application reviews (EPA requires corrective action as a condition of the permit)
Facility investigations conducted during permit renewals
Releases identified through groundwater monitoring
Notifications from the facility of a release
EPA inspections or enforcement actions

The key distinction from CERCLA: RCRA corrective action targets facilities with an ongoing regulatory relationship with EPA, not abandoned sites.

Solid Waste Management Units and Areas of Concern

RCRA corrective action evaluates all Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs) at the facility, not just the hazardous waste management units.

A SWMU is any unit where solid waste (including hazardous waste) has been placed at any time, regardless of whether the unit was designed for waste management. Examples include landfills, surface impoundments, waste piles, tanks, container storage areas, and any area where routine or systematic releases have occurred.

An AOC is any area that is not a SWMU but where a release may have occurred. Examples include loading docks, transformer storage areas, and areas of suspected spills.

The Corrective Action Process

Step 1: RCRA Facility Assessment (RFA)

The RFA is a preliminary evaluation to identify SWMUs and AOCs at the facility and determine whether releases have occurred or are likely. It includes:

Preliminary review of facility records, permits, and inspection reports
Visual site inspection to identify potential release areas
Limited sampling (if needed) to verify suspected releases

Based on the RFA, EPA determines whether a RCRA Facility Investigation is needed.

Step 2: RCRA Facility Investigation (RFI)

The RFI is the detailed site characterization phase, analogous to a CERCLA Remedial Investigation. The facility owner/operator conducts the RFI under EPA or state oversight to:

Characterize the nature and extent of contamination at each SWMU and AOC
Identify all affected environmental media (soil, groundwater, surface water, sediment, air)
Evaluate potential exposure pathways and receptors
Determine whether contamination has migrated off-site
Collect sufficient data to support the evaluation of corrective measures

The RFI must evaluate contamination against applicable cleanup levels, which are typically risk-based and may incorporate state standards as applicable or relevant and appropriate requirements.

Step 3: Corrective Measures Study (CMS)

If the RFI identifies contamination requiring remediation, the facility conducts a CMS to evaluate potential cleanup options. The CMS is analogous to a CERCLA Feasibility Study and must:

Identify potential corrective measures
Evaluate each measure against technical, environmental, human health, and cost criteria
Recommend a preferred corrective measure

Step 4: Corrective Measures Implementation (CMI)

The CMI is the implementation phase where the selected corrective measure is designed, constructed, and operated. This may include:

Engineering design and construction of treatment systems
Soil excavation and disposal
Groundwater extraction and treatment
In situ treatment technologies
Containment systems
Institutional controls and engineering controls
Long-term monitoring

CMI continues until cleanup objectives are achieved.

Environmental Indicators

EPA tracks progress at RCRA corrective action facilities using two environmental indicators:

Current Human Exposures Under Control (CA750)

This indicator is achieved when EPA determines that there are no unacceptable exposures to contamination occurring at the facility. This can be demonstrated through:

Cleanup of contamination to below action levels
Engineering controls that prevent exposure
Institutional controls that restrict access or use
Monitoring data showing no complete exposure pathways

Migration of Contaminated Groundwater Under Control (CA550)

This indicator is achieved when EPA determines that contaminated groundwater is not spreading and that existing contamination is being addressed. This requires:

Delineation of the groundwater plume
Demonstration that the plume is stable or shrinking
Implementation of measures to control further migration if needed

These indicators are intermediate milestones, not endpoints. A facility can achieve both indicators while cleanup is still ongoing.

Corrective Action Complete

A facility achieves Corrective Action Complete status when all corrective action obligations have been met. This may mean:

All contamination has been cleaned up to protective levels
All selected corrective measures have been implemented and are performing as designed
Long-term monitoring or institutional controls are in place and being maintained

Corrective Action Complete can be achieved with or without controls in place. “Corrective Action Complete without Controls” means all contamination is below levels requiring any restrictions. “Corrective Action Complete with Controls” means institutional or engineering controls remain in place.

RCRA vs. CERCLA

Both programs address contaminated sites, but they differ in important ways:

RCRA applies to facilities with an active RCRA relationship (permitted or interim status TSDFs). CERCLA applies to any site with hazardous substance contamination.
RCRA corrective action authority flows from the permit. CERCLA authority is independent of any permit.
RCRA cleanup is typically funded by the facility owner/operator. CERCLA cleanups can be fund-financed if no viable PRP exists.
RCRA uses a streamlined four-step process (RFA, RFI, CMS, CMI). CERCLA uses the more formal PA/SI, RI/FS, ROD, RD/RA process.
Some facilities are subject to both RCRA and CERCLA. In those cases, EPA typically designates one program as the lead and coordinates requirements.

State Authorization

Most states are authorized by EPA to implement the RCRA corrective action program. In Ohio, RCRA corrective action is administered by Ohio EPA’s Division of Environmental Response and Revitalization (DERR) for some facilities and by the Division of Materials and Waste Management (DMWM) for others. The applicable division depends on the facility’s regulatory history and the nature of the contamination.

Source

RCRA Section 3004(u), 3008(h) (42 U.S.C. 6924, 6928). EPA RCRA Corrective Action website. EPA Environmental Indicators.