Subject: RCRA Corrective Action

EPA-Comparing RCRA and CERCLA

The U.S. Environmental Protection Agency (EPA) is working to ensure that contamination from the former DuPont East Chicago facility at 5215 Kennedy Avenue in East Chicago is properly addressed and that people living in the community are protected, informed and involved in the cleanup process. EPA’s authority to compel cleanup of contamination at the former DuPont facility is derived from the Resource Conservation & Recovery Act (RCRA). When RCRA and Superfund, also known as the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) are related, EPA coordinates the two cleanup programs to eliminate duplication of effort and streamline cleanup processes. EPA encourages close coordination among RCRA and Superfund cleanup programs.

Management of Remediation Waste Under RCRA

The information in this memo is divided into three categories: information on regulations and policies that apply to all remediation waste; information on regulations and policies that apply only to contaminated media; and, information on regulations and policies that apply only to contaminated debris. Most of the references cited in this memo are available over the Internet. The Federal Register notices published after 1994 are available at; the guidance memos and other EPA documents are available at


This interpretation is consistent with Agency policy that EPA has the discretion to use its authorities under CERCLA, RCRA, or both to accomplish appropriate cleanup action at a site, even where the site is listed on the NPL. The integration of these authorities should be applied on a case by case basis, taking into account Regional priorities, to avoid duplication of efforts where possible.


This memorandum focuses on coordination between CERCLA and RCRA cleanup programs; however, we believe the approaches outlined here RO 11959 are also applicable to coordination between either of these programs and certain state or tribal cleanup programs that meet appropriate criteria.

EPA Site Managers Guide to ICs Sept 2009

The purpose of this memorandum is to transmit the final fact sheet entitled “Institutional Controls: A Site Manager’s Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups” EPA 540-F-00-005, OSWER 9355.0-74FS-P, dated September 2000. This fact sheet is intended to provide Superfund and RCRA site managers and other decision makers with an overview of the types of institutional controls (ICs) that are commonly available, including their relative strengths and weaknesses, and to provide a discussion of the key factors to consider when evaluating and selecting ICs in Superfund and RCRA Corrective Action cleanups.

2012 12 Institutional Controls US EPA

The purpose of this guidance is to provide managers of contaminated sites, site attorneys,1 and other interested parties with information and recommendations that should be useful for planning, implementing, maintaining, and enforcing institutional controls (ICs) for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund); Brownfields; federal facility; underground storage tank (UST); and Resource Conservation and Recovery Act (RCRA) site cleanups.

175449 EPA 2012 Preparing IC Plans

The purpose of this document is to provide guidance1 to the EPA Regions for developing Institutional Control Implementation and Assurance Plans (ICIAPs) at contaminated sites where the response action includes an institutional controls (ICs) component. An ICIAP is a document designed to systematically: (a) establish and document the activities associated with implementing and ensuring the long-term stewardship of ICs: and (b) specify the persons and/or organizations that will be responsible for conducting these activities.