Guidance for Remediation Waste Management at Hazardous Waste Cleanup Facilities

New Name, Same Mission

In October 2024, EPA changed the name of its “Resource Conservation and Recovery Act Corrective Action Program” to the “Hazardous Waste Cleanup Program.” This rebranding is intended to increase broad understanding of the purpose of the program.

Waste generated from the cleanup of environmental contamination, known as remediation waste, is an important part of the RCRA hazardous waste program, because environmental media contaminated by the release of a hazardous waste often retains the classification of hazardous waste. As opposed to on-going waste management, remediation activities often involve less concentrated wastes, one-time activities, and shorter-term activities. EPA or an authorized state or territory oversees remediation activities.

The regulations regarding remediation wastes are essential to ensure that facilities properly clean up contaminated areas. To provide regulatory flexibility while protecting human health and the environment, EPA updated the Requirements for Management of Hazardous Contaminated Media Rule and issued Amendments to the original Corrective Action Management Units Rule. In addition, EPA issued a series of regulations and policies to address these issues.

On this page:

Requirements for the Management of Hazardous Contaminated Media
Contained-in Policy
Corrective Action Management Units and Temporary Units
Additional Remediation Waste Guidance

Requirements for the Management of Hazardous Contaminated Media Rule

Man spraying oxygen releasing compound slurry on contaminated soil.

In order to mitigate the impact of RCRA hazardous waste management standards on the corrective action program, EPA promulgated streamlined regulations that allow the use of alternate remediation waste permits and unit standards. These alternative standards ensure cleanups are fully protective while eliminating some of the regulatory hurdles associated with waste management. For example, the Agency promulgated a modified version of a permit, the Remedial Action Plan. Unlike the traditional RCRA permit, the RAP is tailored to the needs of a facility that manages remediation waste.

The following documents pertain to the Requirements for Management of Hazardous Contaminated Media (known as HWIR-Media) rule including the Federal Register notices for the proposed and final rule as well as associated information requests and supporting materials. This rule addresses the major RCRA Subtitle C management requirements that are considered the biggest causes of problems and delays for cleanups. These requirements include the land disposal restrictions, minimum technological requirements, and RCRA permitting procedures.

Information and Policy Letters Related to the Final Rule
Letter to James P. Snyder, Pennsylvania Department of Environmental Protection, from Elizabeth Cotsworth, USEPA re: Clarification of USEPA's Use of Pennsylvania's Comments on the Proposed Hazardous Waste Identification Rule
Letter to Elizabeth Cotsworth, USEPA, from James P. Snyder, Director, Pennsylvania Department of Environment Protection (DEP) re: the use of Pennsylvania's Comments as Unqualified Support of the Bright Line Option Set Forth in the Proposed Hazardous Waste Rule
Letter to Michael W. Steinberg, Morgan, Lewis & Bockius, and Douglas H. Green, Piper Marbury, from Fred Hanson, and Timothy Fields, Jr., US EPA re: Issuance of Final HWIR-media Rule

Contained-In Policy

In the Requirements for Management of Hazardous Contaminated Media final rule (pdf) (1998) (597 KB), EPA identified the application of three RCRA requirements to remediation wastes as the biggest problems to address: LDRs, MTRs, and permitting. You can find the contained-in policy in this rule starting on page 65877.

Corrective Action Management Units and Temporary Units

CAMUs are special units created under the RCRA to facilitate treatment, storage, and disposal of hazardous wastes managed for implementing cleanup, and to remove the disincentives to cleanup that the application of RCRA to these wastes can sometimes impose. A CAMU is used only for managing CAMU-eligible wastes for implementing corrective action or cleanup at the facility. A CAMU must be located within the lower contiguous property under the control of the owner or operator where wastes to be managed in the CAMU originated.

The CAMU regulations were originally promulgated on February 16, 1993. EPA amended the 1993 CAMU rule in 2002 with six changes. The following documents provide the “Amendments to the original Corrective Action Management Units Rule” and supplemental information.

The CAMU Rule:
- Amendments to the Corrective Action Management Unit Rule--Final Rule (pdf) (2002) (432 KB).
- Amendments to the Corrective Action Management Unit Rule--Proposed Rule (pdf) (1996) (744 KB).

Additional Remediation Waste Guidance

The following resources provide guidance on EPA’s regulations and policies for remediation waste management:

Name of Document(s)	Description of Document(s)
Management of Remediation Waste Under RCRA and Summary Chart	Management of Remediation Waste Under RCRA, consolidates existing guidance on the RCRA regulations and policies that most often affect remediation waste management. The associated chart summarizes the document and can be used to quickly identify possible remediation waste management strategies and to compare one remediation waste management approach to another.
Land Disposal Restrictions (LDR) Treatment Standards for Contaminated Debris (pdf) (78 MB)	This document finalized treatment standards under the land disposal restrictions (LDR) program for certain hazardous wastes listed after November 8, 1984, pursuant to a proposed consent decree filed with the District Court that established a promulgation date of June 1992. It also finalized revised treatment standards for debris contaminated with listed hazardous waste or debris that exhibits certain hazardous waste characteristics, and several revisions to previously promulgated standards and requirements.
Area of Contamination and Corrective Action Management Units Compendium(pdf) (333.77 KB)	EPA developed this compendium of supporting memos, regulations, and policies about areas of contamination (certain discrete areas of generally dispersed contamination) and corrective action management units (areas within facilities that are used only for managing remediation wastes for implementing corrective action or cleanup at the facilities).
Determination of When Contamination is Caused by Listed Hazardous Wasted	Discussion in the May 26, 1998, Federal Register notice on page 28619. Discussion in the April 29, 1996, Federal Register notice on pages 18804 and 18805 (pdf)(744 KB). Discussion in the December 21, 1988, Federal Register notice on page 51444 (pdf)(37.5 MB).
Site-Specific LDR Treatment Variances	This document is in Title 40 of the Code of Federal Regulations regarding land disposal restrictions. EPA added amendments to the rule authorizing treatment variances from the national Land Disposal Restrictions (LDR) treatment standards. The clarifying changes adopted EPA’s longstanding interpretation that a treatment variance may be granted when treatment of any given waste to the level or by the method specified in the regulations is not appropriate. Application of the national treatment standard could be found to be “inappropriate”, specifically where the national treatment standard is unsuitable from a technical standpoint or where the national treatment standard could lead to environmentally counterproductive results by discouraging needed remediation.
Treatability Studies Exclusion Rule	This rule conditionally exempts small scale treatability studies from Subtitle C regulation. EPA updated the rule in 1994, and the principal change to the existing rule was to increase the quantity of contaminated media which are conditionally exempt from Subtitle C regulation, when used in conducting treatability studies.
Exemption for Ninety Day Accumulation in the March 24, 1996, Federal Register notice (pdf)(68 MB)	This document is in Title 40 of the Code of Federal Regulations regarding temporary storage of hazardous waste. EPA allows for limited on-site storage without the need for a permit or interim status (90 days for over 1000 kg/month generators and 180/270 days for 100-1000 kg/month generators). EPA believes that treatment in accumulation tanks or containers is permissible under the existing rules, provided the tanks or containers are operated strictly in compliance with all applicable standards.
Permit Waivers: RCRA Permit Requirements for State Superfund Actions (pdf)(112 KB) Use of Administrative Orders under RCRA Section 7003	These documents below are memorandum regarding RCRA permit waivers. In general, a State authorized to conduct the RCRA base permit program will have the authority to waive RCRA permit requirements for State Superfund actions as long as: The State has the authority under its own statutes or regulations to grant permit waivers, and The State waiver authority is used in no less stringent a manner than allowed under Federal permit waiver authority.
Exemption from Title 40 of the Code of Federal Regulations Part 264 Requirements for People Engaged in the Immediate Phase of a Spill Response	June 15, 1989, Interpretation of RCRA Regulations Pertaining to the Remediation of Contamination (pdf)(35.6 KB). September 29, 1986, Memo about Responses to Accidental Spills of Listed or Characteristic Hazardous Wastes (pdf)(38.7 KB). Discussion in the November 19, 1980 Federal Register notice on pages 76626 to 76630 (pdf)(49.1 MB).
Changes During Interim Status to Comply with Corrective Action Requirements (pdf)(91.3 MB)	This document is in Title 40 of the Code of Federal Regulations regarding performing Corrective Action activities during interim status. Section 3008(h) authorizes EPA to order a facility owner or operator to conduct Corrective Action during interim status when EPA determines that there is or has been a release of hazardous waste into the environment. This document describes how Section 270.72(a)(5) allows interim status facilities to make changes in accordance with Corrective Action orders issued under Section 3008(h) or other Federal authority. Read page 9599.
Emergency Permits	November 3, 1992, Memo about Transportation and Disposal of Shock Sensitive or Explosive Materials (pdf)(39.4 KB). Discussion in the May 19, 1980, final rule on emergency permits on pages 33325 and 33328 (pdf)(185 MB).
Temporary Authorizations at Permitted Facilities	This rule provides EPA with the authority to grant a permittee temporary authorization, without prior public notice and comment, to conduct activities necessary to respond promptly to changing conditions. Read the discussion on temporary authorization on pages 37919 through 37921.