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.
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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.
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