Guidelines for Oversight Beyond Physical Location
The Off-Site Rule (OSR), a key aspect of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), governs the transfer of CERCLA wastes from cleanup sites to any U.S. off-site facility. This rule applies to a wide range of environments, not just those regulated under RCRA, TSCA, or other environmental laws.
Section 121(d)(3) of CERCLA applies to any off-site transfer of hazardous substances, pollutants, or contaminants (CERCLA wastes). The OSR aims to direct CERCLA wastes to management units determined to be environmentally sound to avoid contributing to present or future environmental problems.
The OSR prohibits the transfer of CERCLA wastes to a land disposal facility that is releasing contaminants into the environment. It also establishes criteria and procedures for determining the acceptability of facilities for the receipt of CERCLA wastes. These facilities must operate in compliance with the Resource Conservation and Recovery Act (RCRA) or other applicable Federal or State requirements.
The OSR applies to cleanups at Federal facilities under section 120 of CERCLA, cleanups under section 311 of the Clean Water Act (CWA), except for cleanup of certain petroleum materials that are exempt under CERCLA. The rule also applies to any U.S. off-site facility, not just TSD facilities.
It's essential to note that the OSR does not apply to actions not taken under a CERCLA authority or using CERCLA funds. The OSR may also apply to wastes not considered CERCLA wastes if they are subject to other statutes, regulations, consent agreements, or other legally binding requirements.
The persons responsible for implementing the Transportation Control Plan when transporting CERCLA waste from a commercial site to a US off-site containment facility under a CERCLA-authorized or CERCLA-funded removal or remedial action are typically the project managers, environmental compliance officers, and the entities directly involved in the CERCLA removal or remedial activity.
For more information about the Off-Site Rule or the status of a particular facility under the Off-Site Rule, the Regional Off-Site Contacts (ROCs) can provide valuable assistance. The ROCs are listed by EPA Region.
By understanding and adhering to the Off-Site Rule, we can ensure the safe and environmentally sound management of CERCLA wastes, protecting our communities and environment from potential harm.
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