General enforcement policy

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Incorporating Sustainability Principles in Cleanup Enforcement Actions Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act - (9/29/23) Memorandum reinforces EPA’s positions on sustainability by encouraging cleanup enforcement staff to collaborate with their program office counterparts to incorporate applicable principles in CERCLA and RCRA cleanup enforcement work and includes a compendium of case examples and a resource library. https://www.epa.gov/enforcement/incorporating-sustainability-principles-cercla-and-rcra-cleanup-enforcement-actions (PDF 315K)

Ninth Circuit Court of Appeals Decision in Ecological Rights Foundation v. Pacific Gas and Electric Company Regarding the RCRA Definition of Solid Waste - (6/12/14) Memorandum highlights issues raised in the 9th Circuit Court of Appeals decision in Ecological Rights Foundation v. Pacific Gas and Electric Company regarding the definition of solid waste under the Resource Conservation and Recovery Act (RCRA). https://www.epa.gov/enforcement/rcra-ecological-rights-foundation (PDF 502K)

Use of CERCLA Section 122(b)(3) Special Accounts at RCRA Corrective Action Sites - (12/20/12) Memorandum providing direction to the Regions on the scope of EPA's ability to retain and use funds in special accounts for the oversight of RCRA cleanups. https://www.epa.gov/enforcement/guidance-use-superfund-special-accounts-rcra-corrective-action-sites (PDF 280K)

Transmittal of Best Practices to Enhance Coordination in the RCRA Program - (2/22/12) Memorandum transmitting a best practices guide to enhance coordination among EPA personnel implementing the Resource Conservation and Recovery Act regulatory and enforcement program. https://www.epa.gov/enforcement/guidance-best-practices-enhance-coordination-rcra-program (PDF 320K)

Results-Based Approaches and Tailored Oversight Guidance for Facilities Subject to Corrective Action under Subtitle C of RCRA - (9/1/03) Discusses EPA's general results-based strategy for RCRA Corrective Action and how EPA generally intends to exercise its discretion in implementing its statutory authorities and regulations. https://www.epa.gov/epawaste/hazard/correctiveaction/resources/guidance/gen_ca/reslt-bse.pdf (PDF 192 K)

Final Guidance on Completion of Corrective Action Activities at RCRA Facilities - (2/12/03) Federal Register notice (2/25/2003) publishing the February 12, 2003, "Guidance on Completion of Corrective Action Activities at RCRA Facilities" memorandum. https://rcrapublic.epa.gov/files/14653.pdf (PDF 72K)

Headquarters Prior Written Approval Required for Prospective Purchaser Agreements under the Resource Conservation Recovery Act - (5/9/02) Memo to Regional Offices requests cooperation with HQ when contemplating negotiations for prospective purchaser agreements under RCRA. https://www.epa.gov/enforcement/guidance-pwa-rcra-ppas (PDF 3,683 K)

Comfort/Status Letters for RCRA Brownfield Properties - (2/15/01) Memorandum addressing the use of comfort/status letters at RCRA properties, where appropriate, and includes four (4) sample letters. https://www.epa.gov/enforcement/guidance-comfortstatus-letters-rcra-brownfields-properties (PDF 1.15K)

Transmittal of Guidance on Enforcement Approaches for Expediting RCRA Corrective Action - (1/2/01) Memorandum provides guidance to EPA and RCRA authorized state project managers on a variety of enforcement approaches that can be used to accomplish timely, protective, and efficient corrective action at RCRA Subtitle C facilities. https://www.epa.gov/enforcement/guidance-enforcement-approaches-expediting-rcra-corrective-action (PDF 1049K)

Applicability of RCRA Section 3020 to In-Situ Treatment of Ground Water - (12/27/00) Memorandum clarifies that reinjection of treated ground water to promote in-situ treatment is allowed under section 3020(b) as long as certain conditions are met. https://www.epa.gov/enforcement/memorandum-applicability-rcra-section-3020-situ-treatment-ground-water-december-27-2000 (PDF 548K)

Summary Chart of October 14, 1998, Memorandum, Management of Remediation Waste Under RCRA - (10/15/98) Chart summary of the Management of Remediation Waste under RCRA document. https://www.epa.gov/enforcement/guidance-managing-remediation-wastes-under-rcra (PDF 20K)

Management of Remediation Waste Under RCRA - (10/1/98) Memorandum intended to assist the Regions in implementing RCRA requirements for remediation wastes. EPA-530-F-98-026 https://www.epa.gov/enforcement/guidance-managing-remediation-wastes-under-rcra (PDF 46K)

Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Actions Orders, and the Revocation, Termination or Suspension of Permits - (2/25/98) Rule revises the Consolidated Rules of Practice (CROP), including expansion of procedural rules to include certain permit revocation, termination, and suspension action. Federal Register Notice Rule, Parts 22 & 59, pg. 9464-9494 https://www.epa.gov/enforcement/consolidated-rules-practice-40-cfr-part-22-administrative-assessment-civil-penalties (PDF 4MB)

Coordination between RCRA Corrective Action and Closure and CERCLA Site Activities - (9/24/96) Memorandum focuses on coordination between CERCLA and RCRA cleanup programs. https://www.epa.gov/enforcement/guidance-coordinating-rcra-corrective-action-activity-and-closure-and-superfund-site (PDF 33K)

RCRA Corrective Action Inspection Guidance Manual - (5/1/95) This guidance delineates inspection activities which are critical for the successful completion of corrective action activities currently underway at many facilities and is intended to supplement the RCRA Inspection Manual. https://www.epa.gov/enforcement/guidance-rcra-corrective-action-inspection (PDF 5918K)

Use of the Area of Contamination (AOC) Concept During RCRA Cleanups - (3/13/95) Memorandum confirming that certain broad areas of contmaination (AOCs) may be considered RCRA landfills and describes distinction between the final CAMU regulations and the AOC approach. https://www.epa.gov/epawaste/hazard/correctiveaction/resources/guidance/remwaste/refrnces/01aoc.pdf (PDF 1,889 K)

Processing Requests for Use of Enforcement Discretion - (3/3/95) Memorandum discussing EPA's general policy on no action assurances. https://www.epa.gov/enforcement/guidance-processing-requests-use-enforcement-discretion (PDF 795K)

RCRA Corrective Action Plan (Final) - (5/1/94) Guidance intended to aid Regions and states in determining and directing the specific work that must be performed under the RCRA corrective action program and developing the requirements in permits. OSWER Dir. 9902.3-2A https://www.epa.gov/enforcement/guidance-rcra-corrective-action-plan (PDF 195K)

RCRA Corrective Action Decision Documents: The Statement of Basis and Response to Comments - (4/29/91) Guidance for presenting standarad formats for documenting RCRA corrective action decisions. https://www.epa.gov/enforcement/guidance-rcra-corrective-action-decision-documents (PDF 2105K)

Coordination of Corrective Action Through Permits and Orders - (8/10/89) Memorandum providing guidance on how to coordinate permit and order requirements for corrective action. https://www.epa.gov/enforcement/guidance-coordinating-rcra-corrective-action-permit-requirements-and-orders (PDF 454K)

Policy Against No Action Assurances - (11/16/84) Memorandum reaffirming EPA policy on no action assurances. Referenced in June 2000 memorandum on applicability of no action assurance policy to CERCLA. https://www.epa.gov/enforcement/guidance-no-action-assurances-policy (PDF 139 K)

Guidance for Calculating the Economic Benefit of Noncompliance for a Civil Penalty Assessment - (11/5/84) Guidance for Calculating the Economic Benefit of Noncompliance for a Civil Penalty Assessment, dated 11/05/84 https://www.epa.gov/enforcement/guidance-civil-penalty-calculating-economic-benefit-noncompliance (PDF 252K)

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