United States Environmental Protection Agency   

Solid Waste and Emergency Response 

Office of Solid Waste, OSW (renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009) (5305W) 



EPA530-F-99-042

October 1999             

             

Environmental Fact Sheet: EPA Discontinues Action on 1990   

Subpart S Proposal 



The Environmental Protection Agency (EPA) is resolving

uncertainties associated with the Agency's 1990 proposed

regulations for the corrective action program by partially

withdrawing the proposed rule provisions. Instead of

pursuing the 1990 proposal, the Agency intends to promote a

results-based approach to the corrective action program,

thereby improving the efficiency of cleanups at hazardous

waste facilities.

             



Background



In 1990, EPA proposed detailed regulations to govern the

technical and procedural aspects of corrective action

implementation under the Resource Conservation and Recovery

Act (RCRA).  EPA and the authorized States used the proposed

rule as the primary guidance for the corrective action

program for several years.



In 1996, the Agency published and Advance Notice of Proposed

Rulemaking (ANPRM), which provided guidance on areas of the

program not addressed by the 1990 proposal, and replaced the

1990 proposal as the primary guidance for much of the

corrective action program.  In the ANPRM, the Agency also

announced its new "Subpart S Initiative," which was designed

to identify and implement improvements to the

protectiveness, responsiveness, speed, and efficiency of the

corrective action program.  As part of the Subpart S

Initiative, the Agency assessed the issue of whether to

promulgate a final Subpart S rule.  



In July, 1999, the Agency announced the RCRA Cleanup

Reforms, which are a comprehensive effort to address the key

impediments to cleanups, maximize program flexibility, and

spur progress toward a set of ambitious national cleanup

goals.  As part of the RCRA Cleanup Reforms, the Agency

announced its intention to withdraw most provisions of the

1990 proposed rule, thereby paving the way for

implementation of more flexible corrective action

approaches.





Action



The Agency is withdrawing most provisions of the 1990

proposed regulations on corrective action (55 FR 30798). The

only exceptions to this decision relate to two

jurisdictional issues and those elements of the proposed 

rule that were promulgated in 1993. 



EPA is taking this action because it has determined that the

existing regulations and guidance allow the Agency and

states to implement a corrective action program that is

protective of human health and the environment.

Additionally, attempting to promulgate a comprehensive set

of RCRA regulations at this time could unnecessarily disrupt

the 33 state programs already authorized for corrective

action.





For More Information



 Address written

requests to the RCRA Information Center (RIC) (5305W),

USEPA, 401 M Street, SW, Washington, DC 20460. The e-mail

address is RCRA-Docket@epa.gov.