HRS Guidance Manual, page 20: RCRA Site Policy
RCRA SITE POLICY
In general, it is Agency policy to use RCRA Subtitle C authority to respond to sites that can be addressed under RCRA Subtitle C corrective action authority, and not to place such sites on the NPL (see generally, 54 Federal Register 41000, October 4, 1989). According to the Agency's NPL/RCRA deferral policy, however, some facilities subject to RCRA Subtitle C authority may be placed on the NPL when corrective action is unlikely to succeed (refer to the QC Guidance for more details). Sites subject to corrective action under RCRA Subtitle C authority which may be placed on the NPL include:
Treatment, storage, or disposal facilities (TSDFs) that have demonstrated an unwillingness to undertake corrective actions;
TSDFs that have demonstrated an inability to pay for cleanup, as evidenced by a bankruptcy filing or similar action;
Former treatment or storage facilities that did not pursue a RCRA operating permit and have changed their RCRA status to "generator" or "non-handler" (these facilities are sometimes referred to as "converters"); and
RCRA "Non- or Late Filers" (i.e., facilities that operated as TSDFs after the statutory deadline but either did not notify EPA or delayed notification).
If the scorer finds new evidence indicating that the site may be eligible for RCRA Subtitle C corrective action, notify the Regional EPA Site Assessment Manager.