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Capacity Assurance

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Section 104(c)(9) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) requires States to assure that adequate capacity exists to manage hazardous wastes generated in their State for 20 years before EPA can provide any Superfund Remedial Action Trust funds to the State. Under a program the Agency has implemented to help States fulfill this statutory mandate, States submit Capacity Assurance Plans (CAPs) as the basis for their assurance.

On May 1, 1994, States submitted CAPs to EPA pursuant to the May 1993 Guidance for Capacity Assurance Planning, OSWER Directive 9010.02. On November 3, 1994, the Agency made available for comment a draft of the National Capacity Assessment Report, in which the Agency made a proposed determination that there existed adequate national capacity, and which presented the Agency's analysis of State data. Based on the information contained in the CAPs, internal Agency studies, and comments received on the draft Assessment Report, the Agency has finalized the determination that there exists adequate national capacity in all CAP management categories. Therefore, as with the proposed determination, all States continue to be eligible to receive Superfund Trust funds.

The Agency will continue to collect and evaluate additional data to ensure that the requirements of CERCLA 104 [c][9] are satisfied. The last documented Statement of Capacity Assurance  can be found in a memo sent to the Regional Superfund Policy managers on July 17, 2009 (Statement of Capacity Assurance in State Superfund Agreements (PDF) (3 pp, 886K)) , from James Woolford and Matt Hale.  The memo states that EPA “concludes that there exists adequate national capacity in all CAP management categories through December 31, 2034”. At this time, the Agency does not anticipate the need to conduct another CAP for the next few years.

Supporting Documents

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