DEEP: Corrective Action

Corrective Action at RCRA Land Disposal Facilities

Purpose
Section 22a-449(c)-105(h) of the Regulations of Connecticut State Agencies ("RCSA") became effective September 10, 2002. This rule provides a mechanism other than a permit or an order to implement corrective action at RCRA interim status land disposal facilities (LDFs).

Applicability
The new regulation applies to hazardous waste LDFs in use after 1982, regardless of current RCRA Closure status.

LEP Delegation
The Department may delegate the oversight of the investigation and remediation to a Licensed Environmental Professional (LEP).

Public Participation
Public notice is required when starting and completing remediation. Once you have completed a sitewide investigation of your facility and have proposed remedial action, you must provide the public an opportunity to comment on your remediation plans.

Termination of Interim Status
Decisions that interim status may be terminated must follow the procedures for making tentative and final permit decisions, as specified in RCSA Section 22a-449(c)-110(a)(2)(RR), incorporating 40 CFR 270.73(a).

 

Does this impose new requirements?
No. All LDFs are subject to Corrective Action, whether initiated by a permit, an enforcement action, or this regulation.

Does this conflict with other CT DEEP remedial programs?
No. Environmental work conducted for RCRA Closure, Property Transfer, and potentially for other programs can be used to document compliance with this regulation. The Department will coordinate with other applicable remedial programs.

Does this regulation apply to facilities that have already started Corrective Action through enforcement actions, permits, or voluntary agreements?
Yes. However, completed work may be used to document compliance with this regulation.

Does this conflict with US EPA’s goal of stabilization for most RCRA facilities?
No. Stabilization is an important short-term goal to achieve. This regulation is not intended to displace the effort to prevent human exposures and the control of groundwater migration (i.e., the "environmental indicators"). However, it promotes the long-term goal of achieving final remedies (cleanup) at all RCRA Corrective Action facilities.

Does this regulation apply to facilities which store waste in tanks and containers for greater than 90 days (treatment and/or storage facilities)?
Although treatment, storage, and disposal facilities are subject to Corrective Action obligations in general, this specific regulation only applies to LDFs. However, if a treatment or storage unit has had a release to soil or groundwater that cannot be cleaned up to comply with Remediation Standard Regulations (RCSA sections 22a-133k-1 through 3), then that unit must close as an LDF and comply with this regulation.

Why was this regulation adopted?
To coordinate investigation and remediation of RCRA land disposal facilities by:

  • providing an initiating mechanism for Corrective Action other than an order or permit;
  • coordinating remediation required by different authorities and agencies;
  • recognizing work completed under other cleanup programs; and
  • allowing oversight delegation to LEPs.

How can a facility exit the RCRA facility requirements (i.e., terminate interim status)?
Once RCRA closure and sitewide remediation is complete, the Department may determine that neither a RCRA operating permit nor a post-closure permit is necessary for a treatment, storage, or disposal facility. Following public participation, the facility’s interim status may then be terminated and the facility will no longer be subject to RCRA facility requirements [RCSA Section 22a-449(c)-105, incorporating 40 CFR 265]. Generator and transporter requirements continue to apply if the facility still generates or transports hazardous waste. Also, see RCSA Section 22a-449(c)-110(a)(2)(RR), incorporating 40 CFR 270.73(a).

Who can I contact for more information?
Toll-free 1-888-424-4193 or
Sandra Brunelli (860) 424-3300 sandy.brunelli@ct.gov

Is the ECAF available electronically? 
Yes.  You may download the Environmental Condition Assessment Form (ECAF) and instructions from DEEP's web page entitled  Remediation - List of Forms.

Hazardous Waste Management Regulations

Content Last Updated October 23, 2017