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Resource Conservation and Recovery Act (RCRA), Corrective Action and Closure Programs
Program Updates and News
Long-Term Stewardship Initiative
We are facing new and unexpected environmental challenges that impact businesses, communities, and public health. Some of these challenges include hurricanes in landlocked states, historic flooding, devastating wildfires, emerging contaminants. To address and minimize the potential impact of these events, we are launching the Long-Term Stewardship Initiative.
This initiative focuses on ensuring that environmental cleanup and remediation efforts continue to protect human health and the environment. This initiative involves ongoing monitoring and management of remediated sites through strategies such as inspections, maintaining up-to-date environmental data and site/facility information, and considering how emerging contaminants, changing weather patterns, rising sea levels, and other climate-related factors might affect the integrity of remediation sites. If you have questions or would like to know more about how this may affect your site, please reach out to either the Program Head or the Project Manager of your site.
RCRA Program
The Resource Conservation and Recovery Act (RCRA) is a federal program that manages hazardous waste generated by businesses, industries, and municipalities. It ensures that hazardous waste is safely handled from the time it is created until it is disposed of (commonly referred to as, “cradle to grave”), to protect both human health and the environment. RCRA includes overseeing how the waste is generated, transported, treated, stored, and disposed of. In Maine, the Department of Environmental Protection (DEP) is responsible for overseeing these efforts, including cleanup programs and contaminated sites. The RCRA program was created in 1976 and provides long-term protection from hazardous waste risks and is an amendment to the Solid Waste Disposal Act.
Corrective Action Program
The Corrective Action Program oversees the cleanup of hazardous waste releases from RCRA-regulated facilities that may harm human health or the environment.
Corrective action can be initiated through a facility’s self-reporting of a release, DEP notification of a potential release, or through enforcement actions. Depending on the circumstances, corrective action can be part of a facility’s operating license or initiated by an administrative order.
- Corrective Action Process
The corrective action process follows these steps:
- Initial Site Assessment or RCRA Facility Assessment (RFA)
- Site Characterization or RCRA Facility Investigation (RFI)
- Evaluation of Remedial Alternatives or Corrective Measures Study (CMS)
- Remedy Implementation or Corrective Measures Implementation (CMI)
- Corrective Actions Standards Attained
Find more information on the Corrective Action program at the US EPA Corrective Action Website. When a facility obtains a Corrective Action Standards Attained status milestone, the facility continues to remain within the Corrective Action program to ensure that the cleanup remains protective of human health and the environment. This may include regular inspections and evaluation of the facility under the Long-Term Stewardship initiative.
Important note: Attained RCRA corrective action milestones are continuously evaluated and can be rescinded if conditions of the facility or new information regarding environmental contaminants either affect the facility’s ability to meet previously attained safety standards or prompt further environmental investigation.
If you want more information about the Long-term Stewardship initiative, feel free to contact the program head for details.
Closure Program
The Closure Program applies to hazardous waste generators who are ceasing operations, changing ownership, or relocating their business. This includes Small or Large Quantity Waste Generators and facilities holding Abbreviated, Interim, or treatment, storage, and disposal (TSD) Licenses.
For questions about a facility’s RCRA generator status, contact Cherrie Plummer.
- Closure Process
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This process ensures that the facility properly decommissions its operations and safely removes any waste or contamination to leave the site clean and safe for future use and comply with all regulatory requirements.
Step 1: Notification and contact
When a hazardous waste generator determines that they are going to cease operations, move to a new facility, or undergo a change of ownership, they must notify DEP at least 45 days before the final day of facility operations. (Once in contact, a DEP project manager will evaluate your site and will send you information on the closure process.)Step 2: Investigation and report
Upon ceasing hazardous waste operations, the facility must conduct a certified closure in accordance with the Maine Hazardous Waste Rules (851.11). As part of the process, the facility must submit a closure report with certification from a professional engineer must be submitted to DEP within 90 days of starting the process. Closure report materials and information can be accessed using the following links:- Hazardous Waste Generator Closure Report and Certification
- Hazardous Waste License Closure certification
Step 3: Submit and Review
DEP will review the submitted closure report and certification to ensure that applicable standards are met, and to determine if any additional information or closure steps are needed.Step 4: Completion
If the closure satisfies all State requirements, DEP will issue a Certificate of Closure to the facility.
Site-Specific Information and Documents
The State is required to maintain administrative records of all facilities that have entered the RCRA program. The following links contain information pertaining to known hazardous waste facilities:
- Remediation Sites Managed by the Division of Remediation
- Bureau of Remediation and Waste Management Maps
For specific questions related to the RCRA program or any of the facilities involved, please reach out to the program head, they can be directed to the RCRA program manager.