DNREC’s Environmental Crimes Unit says it discovered drums of hazardous materials in a New Castle area warehouse.

DNREC officials say information from the U.S Environment Protection Agency’s Criminal Division led them to the warehouse rented by Recyclers of Delaware LLC.

There, according to DNREC, Environmental Crimes Unit officers found numerous unlabeled 55-gallon drums. Initial testing indicated those drums contained “volatile organic compounds and flammable chemicals.”

DNREC officials note the chemicals have been secured by its Emergency Response team and pose no threat to public health while a disposal is arranged.

Samples have been given to the EPA for further analysis. A decision on what, if any, action will be taken against Recyclers of Delaware will come after that analysis and the investigation are completed.

According to DNREC officials, the EPA’s discovery of a larger stockpile of hazardous material in Gloucester County, New Jersey yielded a link that led to the New Castle warehouse.

– See more at: http://www.wdde.org/51807-dnrec-hazardous-chemical-new-castle#sthash.B64JS9K9.dpuf

Under the authority of the Resource Conservation and Recovery Act (RCRA), US EPA Region 2 and the New Jersey Department of Environmental Protection have undertaken a clean-up of a container & packaging re-conditioner in Elk Township, NJ.

RCRA is typically known for its regulation of hazardous waste “Cradle to Grave”.

• “Cradle” being the hazardous waste generator,
• “to” being the transportation of the hazardous waste to off-site treatment, storage, or disposal, and;
• “Grave”, the final disposition of the waste, typically by application into or on the land.

Less well known is RCRA’s provisions for the remediation or cleanup of hazardous waste from active hazardous waste facilities – such as this one – both generators (ie. Cradle) and Treatment Storage and Disposal Facilities (ie. Grave).

RCRA authority however, does not extend to the remediation and cleanup of hazardous waste contamination at inactive or abandoned sites or from spills that require emergency response.  The cleanup of these sites is left to CERCLA, the Comprehensive Environmental Response, Compensation, and Liability Act; commonly called Superfund.

Whatever the Act or regulation, improper management of hazardous waste can result in significant costs in the form of agency fines and the need for cleanup.  Contact me to ensure your RCRA training and DOT HazMat Employee training is sufficient to prevent an enforcement action of this type.

READ the News Release:

Release Date: 09/30/2013

Contact Information: John Martin (212) 637-3662; martin.johnj@epa.gov

(New York, N.Y.) The U.S. Environmental Protection Agency has obtained a federal warrant to do the necessary cleanup work at the Superior Barrel & Drum company facility in Elk Township, New Jersey, where more than a thousand unlabeled or improperly labeled drums and other containers have been left in a state of disrepair. Many of the drums are leaking their contents onto the ground and are exposed to wind and rain. The EPA and the NJDEP are currently investigating the drums and containers at the site under a warrant that was previously issued by a federal judge when the facility owner refused to give the EPA access to the facility. The EPA is working with Elk Township, the local fire and police departments and the NJDEP on the investigation and cleanup of the facility.

“This facility contains a large number of barrels that need to be addressed. The EPA intends to do everything necessary to ensure that hazardous materials at the facility do not harm the public,” said Judith A. Enck, EPA Regional Administrator. “The EPA’s top priority is preventing a release, fire or explosion that could endanger the community or pollute the environment.”

On August 29, 2013, the EPA was asked by the NJDEP to evaluate the facility and take appropriate actions to remove any threat posed by substances in the drums and other containers. The EPA is currently evaluating what substances are present in the drums and containers and assessing whether they could cause a chemical release or fire. The site is partially in a federally protected wetland. 

“Conditions at this facility are inexcusable,” New Jersey Department of Environmental Protection Commissioner Bob Martin said. “The DEP will continue to work with the Environmental Protection Agency on the categorization and safe removal of these materials, as well as soil testing and monitoring to ensure the environment and public health are protected. We will also support any legal or enforcement actions deemed necessary to restore this site and protect the public.”

The EPA began its investigation on August 30, 2013. Field tests indicate that some drums contain hazardous materials, including corrosive and flammable chemicals. The preliminary results of samples sent to the laboratory show the presence of volatile organic compounds such as benzene and other hazardous substances such as lead. Exposure to these pollutants can have serious health effects. Benzene is known to cause cancer and lead is a toxic metal that is especially dangerous to children because their growing bodies can absorb more of it than adults. Lead in children can result in I.Q. deficiencies, reading and learning disabilities, reduced attention spans, hyperactivity and other behavioral problems. 

The EPA is continuing to sample the contents of containers and drums at the site. The first set of final laboratory data is expected in the next few weeks. The EPA has secured the facility by installing fencing, warning signs and round the clock surveillance.

Once it completes its investigation, the EPA will work with state and local agencies to take appropriate steps to remove the hazardous waste and protect the public. The EPA is monitoring the air near the work areas. The EPA will secure the materials and make arrangements for their transport and proper disposal out of the area. Prior to removal of any of the hazardous materials, the EPA will develop a contingency plan to ensure that the removal of the chemicals is done safely. Fire department and hazardous materials response teams will be consulted and prepared to respond to the site if necessary. Throughout the cleanup, the municipal government and local community will be kept informed.

For photos and information about the EPA’s work at the Superior Barrel & Drum site, visit:http://epa.gov/region02/superfund/removal/superiorbarrel.

Release Date: 09/30/2013

Contact Information: Suzanne Skadowski, EPA Region 10 Public Affairs, 206-295-4829, skadowski.suzanne@epa.gov

(Seattle – September 30, 2013) The City of Tacoma has settled with the U.S. Environmental Protection Agency for violating federal rules on used oil contaminated with toxic polychlorinated biphenyls or PCBs.

“Today’s settlement should serve as a reminder that handling used oil requires attention to the requirements designed to prevent the distribution of PCBs,” said Edward Kowalski, Director of EPA’s enforcement program in Seattle. “Simple testing for PCBs before shipping used oil off-site helps protect people and the environment and prevents contamination of oil that can otherwise be recycled and reused.”
 
According to EPA, the City of Tacoma shipped 750 gallons of used oil contaminated with PCBs from the City’s landfill to Emerald Services, an oil recycling and reuse company. The City did not know that the used oil was contaminated with PCBs before they shipped the oil. Emerald Services found the problem during their routine oil testing and was able to trace the PCB-contaminated oil to the City’s shipment.
 
EPA discovered the violations when Emerald Services provided a waste report to EPA, as required by federal regulations, describing the PCB waste. The City’s oil shipment resulted in the PCB contamination of approximately 8,250 gallons of used oil at Emerald Services. Under federal rules, Emerald Services could not recycle the PCB-contaminated oil, and instead was required to dispose of the used oil as hazardous waste.
 
To settle the violations, the City of Tacoma has agreed to pay a $40,000 federal penalty.
 
PCBs are chemicals used in paints, industrial equipment, and cooling oil for electrical transformers. More than 1.5 billion pounds of PCBs were manufactured in the U.S. before EPA banned their production in 1978, and many PCB-containing materials are still in use today.
 
When released into the environment, PCBs remain for decades. Tests have shown that PCBs cause cancer in animals and are suspected carcinogens in humans. Concerns about human health and the persistence of PCBs in the environment led Congress to enact the Toxic Substances Control Act in 1976.
 
More about safely recycling oil:  http://www.epa.gov/osw/conserve/materials/usedoil/index.htm

Read more about the Management of Used Oil.  It is important to note that oil containing PCB’s cannot meet the definition of a Used Oil and therefore cannot be managed per 40 CFR 279.  PCB-containing oil must be handled per the TSCA (Toxic Substances Control Act) regulations of 40 CFR 761, and not the RCRA regulations of 40 CFR 239-299.  It is not managed as a hazardous waste as the 3rd paragraph of the above news release reports.

Though not a hazardous waste, a used oil is still subject to regulations governing its composition, on-site management, and off-site disposal.  Make certain you are in compliance with these regulations and everything else required by RCRA.  The cost of training is slight compared to fines like these.  Please don’t hesitate to contact me with questions about the management of used oil, hazardous waste, universal waste, and more.

09/23/2013

Removal of chemical waste to start this week

Contact: Richard Mylott, 303-312-6654

(Denver, Colo. – September 23, 2013) The U.S. Environmental Protection Agency (EPA) will begin to remove hazardous materials at the Parish Chemical Company site in Vineyard, Utah during the week of September 23. The 2.5 acre site, located at 145 North Geneva Road, operated as a chemical manufacturing facility between 1978 and 2012. EPA cleanup activities will include the removal and proper disposal or recycling of several thousand containers at the facility. EPA estimates the cleanup will be completed by the summer of 2014.

“EPA’s Superfund removal action will bring closure to a long history of environmental concerns at the Parish Chemical facility,” said David Romero, EPA’s On-Scene Coordinator at the site. “We are pleased to be moving quickly to eliminate a long-standing risk to the community and expect to safely remove all hazardous materials at the site by next year.”

EPA and the State of Utah have a long history at the Parish Chemical site. Previous inspections have identified significant noncompliance with state and federal laws regulating the management and storage of hazardous wastes. EPA conducted a cleanup action at the facility after a fire in 1992 and again in 2008 to address a threat caused by improperly stored hazardous substances.

A March 2013 settlement between EPA and a court-appointed receiver for Parish Chemical included a $100,000 penalty for violations of the Resource Conservation and Recovery Act and prohibits the company from manufacturing chemicals or generating hazardous waste at the site. EPA and the receiver also entered into a separate agreement that resolved Parish Chemical’s liability for cleanup costs under the Superfund law. The property is currently held in trust, and EPA is entitled to collect proceeds up to approximately $900,000 of the sale of the site property.

The Parish Chemical Company’s Vineyard facility specialized in the research, development and production of organic chemicals and materials. The site includes a two-story building with offices, laboratories, and process areas and contains several chemical and drum storage areas and surface impoundments. The following materials, among others, have been found at the facility: acetone, dimethyl formamide, petroleum ether, tetrahydrofuran, dichloroethyl ether, benzene, toluene, perchloric acid and phosphorus pentachloride.

It shouldn’t come as a surprise that a company with a long history of RCRA violations for its management of hazardous waste should leave behind it an ugly legacy that requires the Superfund Law to address.  Make certain that your facility is in compliance with the complex and confusing RCRA regulations for the management of hazardous waste.  Contact me for a free consultation.

09/18/2013

(Seattle—Sept 18, 2013) Joint Base Elmendorf-Richardson in Anchorage failed to comply with federal hazardous waste management laws and has agreed to pay a fine to resolve the violations, according to a settlement with the U.S. Environmental Protection Agency. The base has taken action to correct the violations and will pay a fine of over $21,000.

“Careful hazardous waste management protects human lives and the environment, and it also prevents the public from having to fund costly cleanup operations,” said Scott Downey, Manager of the Hazardous Waste Compliance Unit at the EPA Seattle office. “Facilities have to inspect hazardous waste storage and keep staff up to date on training to prevent incidents.”

The facility generates and stores hazardous waste from vehicles, aircraft and other facility maintenance. This includes acids, contaminated soils, batteries, PCB wastes, solvents, used oil and pesticides.

EPA inspections found a series of violations from 2010-2011, including

1. Failure to conduct weekly inspections of hazardous waste facilities and containers for leakage or deterioration;
2. Failure to ensure staff participated in annual hazardous waste management training; and
3. Failure to submit hazardous waste tracking reports.

The violations occurred under the Resource Conservation and Recovery Act.

Hazardous waste personnel training required for large quantity generators of hazardous waste at 40 CFR 262.34(a)(4) and explained in 40
CFR 265.16 would have prevented these violations from happening.

Contact me to provide you with high-quality hazardous waste personnel training (aka: RCRA Training) before you become the subject of a news release like this one.

News Release: Presidio Trust Awarded Honorable Mention for U.S. EPA Resource Conservation Competition
08/26/2013

FOR IMMEDIATE RELEASE:  August 26, 2013

MEDIA CONTACT:  David Yogi, yogi.david@epa.gov, (415) 972-3350

SAN FRANCISCO – The U.S. Environmental Protection Agency today announces the Presidio Trust as its 2012 WasteWise “Federal Government Partner of the Year” Honorable Mention recipient. The Presidio Trust is recognized for its efforts to reduce and compost food waste, and recycle and reclaim demolition materials for use in new construction projects.

“Presidio Trust’s efforts alone will save the organization over $215,000 and remove the equivalent of 334 households’ annual CO2 emissions from the air,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest.  “EPA is proud to recognize the efforts of the Presidio Trust to ensure their operation’s environmental impact is as small as possible.”

As part of its efforts, the Presidio Trust:

• reused wood from re-foresting and deconstruction projects in the Presidio—part of the federal Golden Gate National Recreation Area—to create park benches and new elements for building renovations;
• reused material onsite (such as gravel, top soil, sand, architectural elements, hardware, lighting, furnishings, etc.) that was collected from construction, renovation and demolition projects.
• diverted 100% of green waste generated from Presidio gardening, landscaping, and forestry projects;
• increased the amount of food waste it diverted from landfills by 47 percent from 2010 to 2011, bringing its total diversion rate to 69 percent;
• reduced its total waste by 24 percent in 2011; and
• recycled a total of 4,447 tons of materials (equivalent to avoiding the annual CO2 output of 1356 automobiles) and made 626 tons of compost in 2012.

The Presidio Trust has been an EPA WasteWise partner since 2000, and has won sustainability awards in 2001 and 2007.

EPA’s WasteWise program was launched in 1994 to help organizations and businesses reduce municipal and industrial wastes. Organizations can join WasteWise as a partner, endorser, or both. Partners demonstrate how they reduce waste, practice environmental stewardship, and incorporate sustainable materials management into their waste-handling processes. Endorsers promote enrollment in WasteWise as part of a comprehensive approach to help their stakeholders realize the economic benefits to reducing waste.

WasteWise is something that I mention at all of my Training Seminars.  It is a good tool to use when reducing the waste (including but not necessarily exclusive to hazardous waste) at your facility.

For more information on EPA’s WasteWise program, please visit:  http://www.epa.gov/epawaste/conserve/smm/wastewise/index.htm

BOSTON – VHS Acquisition Subsidiary Number 7, Inc., the parent corporation that operates St. Vincent Hospital in Worcester has been assessed a $2,860 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violating Hazardous Waste Management and Air Pollution Control requirements.  (Link to the news release on the MADEP website).

Release Date: 08/27/2013

Contact Information: Dawn Harris Young, (404) 562-8421 (Direct), (404) 562-8400 (Main), harris-young.dawn@epa.gov

ATLANTA – Family Dollar, Inc., headquartered in Matthews, NC, has paid a $602,438 civil penalty to the United States to resolve alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for misbranded pesticides.

The penalty stems from the sale or distribution of two misbranded or mislabeled antimicrobial bleach products on numerous occasions. The labels for the bleach products were not identical to the EPA approved label. Labels must be identical to the EPA approved label and may not have any additions or omit any label language as required by FIFRA. 

Misbranded pesticides can pose serious risks to human health and the environment. Without proper labeling or safety instructions on packaging, users can unintentionally misapply pesticides and may not have adequate information to address needs for first aid in the event of emergency.

As a result of EPA’s enforcement action, Family Dollar, Inc., alerted its suppliers about the labeling issues and took steps to bring these products into compliance with FIFRA.

Unmentioned in this news release is whether or not the misbranded pesticides were subject to a recall.  If they were, Family Dollar would have to face the additional burden of disposing of the recalled pesticides as a hazardous waste under the regulations of the Resource Conservation & Recovery Act (RCRA); enforced by USEPA and authorized states.  However, if certain conditions are met – read:  What is a Universal Waste Pesticide? – the recalled pesticides may be managed as a universal waste per 40 CFR 273 and therefore not subject to the much heavier regulatory burden of the hazardous waste regulations.  Contact me with any questions you may have about universal waste, used oil, or hazardous waste.

News Release
U.S. Environmental Protection Agency
New England Regional Office
August 23, 2013

Contact: David Deegan, (617) 918-1017

(Boston, Mass. – August 23, 2013) – A commercial waste handler in Rhode Island has agreed to pay a fine of $58,278 and to spend $252,152 to clean hazardous chemicals out of approximately 60 schools in Rhode Island and Massachusetts in order to settle EPA claims that the company violated state and federal hazardous waste laws at a facility in Providence, R.I.

Northland Environmental and its owner, PSC Environmental Services, will remove chemicals from 60 high schools and middle schools within a 50-mile radius of their Providence facility at 275 Allens Ave. where the violations occurred. The companies have agreed to pack up and properly dispose of both hazardous and non-hazardous wastes stored at the schools; to do hazardous waste training for science and art teachers; and to purchase safety equipment such as storage cabinets for flammable chemicals, eye washes and deluge showers for classrooms where hazardous chemicals are used. This project will be done over 18 months during times when the schools are closed.

EPA alleged that Northland/PSC Environmental Services violated the federal Resource Conservation and Recovery Act (RCRA) and state hazardous waste laws by failing to properly identify certain hazardous wastes and failing to properly maintain hazardous waste tanks and containers. These alleged violations could have resulted in the release of hazardous wastes to the environment. The company also stored incompatible hazardous wastes next to one another, creating a potential for fire or explosions. The company quickly came into compliance after the violations were identified.

“All facilities that generate or manage hazardous wastes have an obligation to make sure they carefully adhere to the environmental requirements that result in safer, cleaner communities,” said Curt Spalding, regional administrator of EPA’s New England office. “This case will have a positive outcome, since the projects under this settlement will help provide safer classrooms at many schools in Rhode Island and Massachusetts.”

The school clean outs will involve removing outdated and unwanted chemicals from schools at no cost to the participating schools. Chemical management is often a low priority for schools and it is not uncommon for school science departments to have outdated and unneeded stock chemicals present.

“I want to thank the EPA and the Cranston School Department for working cooperatively to provide a safe environment for our students,” said City of Cranston Mayor Allan Fung.

“We are pleased to see funds from EPA actions like this reinvested in making Rhode Island a cleaner and safer place,” said Terrence Gray, P.E., Associate Director for Air, Waste and Compliance at the RI Department of Environmental Management.  “For many years, DEM has directly supported school districts across Rhode Island by removing old and unnecessary chemicals, but that effort has always been limited by the resources we have available. This recent investment extends this important initiative so that more of these dangerous materials can be taken out of our schools, providing a much safer environment for students and educators.”

“The science classroom environment is of the utmost importance as we work to support teaching and learning for students and teachers. Safety is our first concern so we were delighted to have a partnership with the EPA Integrated Chemical Management Program (ICM) who worked with our science teachers to inventory, organize chemicals, with regards to safety and to the benefit of classroom use. Working with this program provided our teachers with invaluable insights with regards to managing chemical supplies. The ultimate goal is to maximize safety and learning of science inquiry in Cranston Public Schools,” said Dr. Judith Lundsten, Superintendant Cranston Public Schools.

Rhode Island schools within a 50-mile radius of the Northland facility were sent emails letting them know of this opportunity to have toxic, hazardous, or chemicals prohibited by the state removed by participating in this project. Schools that were interested provided a list of the chemicals that need to be removed. Cranston, R.I. is using the opportunity to provide both East and West High School with chemical cleanouts before school starts on Aug. 27.

In addition to paying the fine and completing the environmental project, Northland/PSC has agreed to make sure the Providence facility remains in compliance with federal and state hazardous waste management regulations.

Northland/PSC’s Providence facility accepts and handles a broad spectrum of wastes including acids, alkalis, flammable wastes, water reactive wastes, cyanides, sulfides, oxidizers, toxic wastes, oily wastes, photochemical wastes and laboratory packs. Hazardous and non-hazardous wastes are received, stored and or consolidated and then shipped off site for treatment or disposal.

More information on hazardous waste management: http://www.epa.gov/region1/enforcement/waste/index.html

Once again, simple mistakes made early: failure to complete a hazardous waste determination; lead to more substantial violations of the RCRA regulations.  It is also important to note that one remedy required by the violation is to properly train personnel who generate, handle, treat, or dispose of hazardous waste or may respond to a hazardous waste emergency.  RCRA Hazardous Waste Personnel Training – required by 40 CFR 265.16 – is what I do.  Contact me to discuss your RCRA training needs.

#  #  #

Attachment: List of Schools provided with hazardous waste cleanup under this settlement:

RHODE ISLAND 

Barrington High School Barrington
Mt. Hope High School Bristol
Our Lady of Mount Carmel Bristol
Central Falls Senior High School Central Falls
Cranston High School East Cranston
Cranston High School West Cranston
New England Laborers’/Cranston Public Schools Construction Career Academy Cranston
Joseph McCourt Middle School Cumberland
East Providence High School East Providence
Burrillville High School Harrisville
Burrillville Middle School Harrisville
Johnston Senior High School Johnston
Lincoln Senior High School Lincoln
William M. Davies, Jr Career and Technical High School Lincoln
Rogers High School Newport
North Providence High School North Providence
Ponaganset High School North Scituate
North Smithfield High School North Smithfield
Blackstone Academy Charter School Pawtucket
William E. Tolman Senior High School Pawtucket
Portsmouth High School Portsmouth
DelSesto Middle School Providence
Mount Pleasant High School Providence
School One Providence
Smithfield High School Smithfield
Tiverton High School Tiverton
Curtis Corner Middle School Wakefield
Toll Gate High School Warwick
Pilgrim High School Warwick
Warwick Veterans Memorial HS Warwick
Chariho Regional High School Wood River Junction
Exeter-West Greenwich Regional High School West Greenwich
Westerly High School Westerly

MASSACHUSETTS 

Braintree High School Braintree
Brockton High School Brockton
B.M.C. Durfee High School Fall River
Malden High School Malden
Medford High School Medford
Middleborough High School Middleborough
Plymouth North High School Plymouth
Plymouth South High School Plymouth
North Quincy High School Quincy
Quincy High School Quincy
Randolph High School Randolph
Revere High School Revere
Saugus High School Saugus
Walpole High School Walpole
Waltham High School Waltham
Worcester Public Schools
– Burncoat Middle School  Worcester
– Forest Grove Middle School  Worcester
– Dr. Arthur F. Sullivan Middle School Worcester
– Worcester East Middle School Worcester
– Burncoat High School Worcester
– Claremont Academy Worcester
– Doherty Memorial High School Worcester
– North High School Worcester
– South High Community School Worcester
– University Park Campus School Worcester
– Worcester Technical High School Worcester

News Release: Public Information and Availability Session
08/06/2013

What:

The U.S. Environmental Protection Agency (EPA) will present information and take questions from the community on the proposed remedy for the World Resources Company (WRC) facility, located at 170 Walnut Lane, Pottsville, Pa. 17901. The facility has conducted an investigation and sampling at the site in accordance with the requirements of the federal Resource Conservation and Recovery Act (RCRA) Corrective Action Program. Corrective Action is an EPA program designed to guide the investigation, and any cleanup of contaminated hazardous waste.

When:

August 12, 2013 at 7:00 p.m.

Where:

Norwegian Township Building, 506 Maple Avenue, Mar Lin, Pa. 17951-0251

Background:

WRC recycles metal bearing sludges that are generated primarily by metal finishing and electroplating industries. Some of these sludges are considered hazardous waste under EPA and Pennsylvania Law. Phase I and Phase II Environmental Site Assessments were conducted at the facility. Five monitoring wells were installed for soil and groundwater. Soil samples were collected. Environmental sampling showed no contaminants above either EPA or PADEP residential standards. WRC continues to do groundwater and soil monitoring approximately twice a year, and has since 1990. No known releases have occurred at the facility resulting in investigation or remedial actions.

Proposed Remedy:

EPA will propose this week that there are no known environmental issues at the property that have not been addressed. EPA’s investigation has found that there is no contamination at the site. The proposed Final Decision is for “no further action” and will be documented in a Statement of Basis and subject to public review and comment.

Public Comment:

Persons wishing to comment on the proposed remedy may do so by submitting their comments to EPA betweenAugust 14 and September 27, 2013. All comments must be submitted in writing via mail, fax, or email to EPA Project Manager Catheryn Blankenbiller, at U.S. EPA Region 3, 1650 Arch Street, Mailcode 3LC30, Philadelphia, Pa. 19103 (Email: blankenbiller.catheryn@epa.gov; Fax: 215-814-3113.  All comments will be considered in making a final decision.

Contact: Donna Heron at 215-814-2665 / heron.donna@epa.gov

It is interesting to note that this situation is being handled by both the State of Pennsylvania DEP and the USEPA under the authority of the Corrective Action program of the Resource Conservation and Recovery Act (RCRA) and not Superfund.  This is because the site is still active.  If it were an abandoned site or one where ownership could not be determined, then the determination of contamination and potential clean-up would be undertaken with the authority of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, aka:  Superfund) and not RCRA.

Please don’t hesitate to contact me if you have questions about the regulations of the Resource Conservation and Recovery Act (RCRA) for the USEPA or your State.