United States Solid Waste and Environmental Protection Emergency Response EPA 530-F-94-043 Agency (5305) December 1994 Office of Solid Waste x°/EPA Environmental Fact Sheet REVISIONS PROPOSED TO POST-CLOSURE LANDFILL REQUIREMENTS EPA has proposed changes to the post-closure care regulations for hazardous waste landfills under the Resource Conservation and Recovery Act (RCRA). The proposed rule would eliminate the existing post-closure permit requirement and expand states' RCRA programs to include corrective action authority for interim status facilities. EPA is seeking comment on the proposed rule. Background Post-Closure Permits About 1,000 facilities in the United States with hazardous waste land disposal units, such as landfills and surface impoundments, are closed or closing and are required, under current law, to obtain post- closure permits. EPA and state regulatory agencies have found, however, that permit issuance may not be the best approach in all cases to address environmental risk at these facilities. For example, in many instances EPA believes an enforcement mechanism would be more appropriate. Interim Status Corrective Action Authority Current regulations do not require RCRA-authorized states to address corrective action at non-permitted facilities operating under interim status. Though the laws of many states include such authority, this section of RCRA is currently implemented by the federal government. ------- Action Post-Closure Permits EPA proposes to provide additional flexibility to its regional offices and the authorized states to address post-closure care. The Agency proposes to use a variety of legal authorities (including the post-closure permit) to impose post-closure care requirements. Interim Status Corrective Action Authority EPA also proposes to expand states' authorized RCRA programs to include corrective action authority for interim status facilities. This provision is designed to ensure a more consistent delegation of the corrective action program to the states. Public Comment The Agency is soliciting comment on this proposal. EPA also is seeking comment on the following issues: whether to remove the regulatory timeframes in the closure process; whether closed or closing land disposal units should be addressed through RCRA corrective action process, rather than under technical standards for landfills; and whether to allow states to become authorized for corrective action at permitted facilities where the state plans to use a non-permit mechanism. The 60-day comment period closes on January 9, 1995. For instructions on submitting written comments to EPA, please see the Federal Register notice. Contact For further information, or to order a copy of the Federal Register notice, please call the RCRA Hotline Monday through Friday, 8:30 a.m. to 7:30 p.m., EST. The national toll-free number is (800) 424-9346; for the hearing impaired, it is (TDD) (800) 553-7672. In Washington, D.C., the number is (703) 412-9810 or TDD (703) 412-3323. Or write to: RCRA Information Center, Office of Solid Waste (5305), U.S. EPA, 401 M Street, SW, Washington, D.C. 20460. ------- |