Additional Applicability Considerations for Solid Waste Management Units

There are additional situations in which owners and operators are not subjected to the RCRA regulations for releases into the uppermost aquifer. These include:

• Owners and operators who are exempt under 40 CFR 264.1 because they dispose of hazardous waste in the ocean. (Ocean disposal is regulated by the EPA's Marine Protection, Research, and Sanctuaries Act.)
• The Regional Administrator finds that the treatment zone of a regulated land treatment unit is not producing hazardous constituents beyond those that are statistically significant for the area. This exemption only applies if the facility is in the post-closure stage of operation.
• The Regional Administrator finds that there is no potential of migration into the uppermost aquifer of liquid from a regulated unit during the active lifetime of the unit. A qualified geologist or geotechnical engineer must certify this using predictions based upon maximum rates of potential migration.

All regulations in 40 CFR 264, Subpart F, apply to the active life of the regulated unit, so the regulations may continue to apply after a facility has been closed. All of the exemptions described are subject to the Regional Administrator's findings. The Regional Administrator may choose to apply more stringent requirements if the situation of a particular regulated unit requires it. We will be taking an in-depth look at unit-specific requirements in the next unit.

To learn more about RCRA visit our RCRA Hazardous Waste Safety Online Training web page.