Comparison of RCRA SWMU Corrective Action and CERCLA Remedial Action

With the passage of the Hazardous and Solid Waste Amendments of 1984 and the addition of expanded authorities to require corrective action for release of hazardous constituents from solid waste management units (SWMUs) at hazardous waste treatment, storage, and disposal facilities, the Solid Waste Disposal Act (hereafter referred to as the Resource Conservation and Recovery Act or RCRA) will dramatically influence the Superfund program under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Not only will the RCRA corrective action program help prevent current RCRA sites from becoming Superfund sites, but it also offers EPA and the states an important alternative to address superfund sites that already exist. EPA recognized this and, hoping to conserve Superfund resources, developed a policy to defer listing of sites from the National Priority List if those sites can be addressed under RCRA's corrective action authorities. Private industry and federal agencies with problem sites that could qualify under either program need to compare the advantages and disadvantages of each program. EPA's deferral policy continues to evolve and appears to be ripe for expansion.