United States Solid Waste and EPA530-F-98-031
Environmental Protection Agency Emergency Response October 1998
(5305W) http://www.epa.gov
Office of Sol id Waste
f/EPA Environmental
Fact Sheet
Post-Closure Permit Amendment
Addresses Corrective Action
To remove impediments to cleanup at hazardous waste facilities, the
Environmental Protection Agency (EPA) is amending closure and post-closure care
requirements to expand regulatory options available to EPA and authorized states.
This rule facilitates cleanup of hazardous and solid waste management units that
may be similarly situated, but were previously subject to two different requirements.
Background
Under Subtitle C of the Resource Conservation and Recovery Act (RCRA),
Congress gives EPA the authority to regulate the permitting of hazardous waste
treatment, storage, and disposal facilities. In 1982, EPA promulgated rules
applicable to regulated land disposal units, including rules governing closure of
those units, and rules requiring owners and operators of land disposal units to
obtain a post-closure permit if they leave hazardous waste in place after closure.
In the 1984 Hazardous and Solid Waste Amendments, Congress expanded
EPA's authority to implement corrective action for releases from all solid waste
management units (SWMUs) located at hazardous waste facilities. As a result,
EPA's closure and post-closure requirements applied to regulated units, while
other SWMUs at the same facilities were addressed under the Agency's new
corrective action authority.
After implementing this dual regulatory structure for several years, EPA
recognized a need for flexibility in its regulations. As a result, EPA has
promulgated revisions to its regulations to coordinate the implementation of
RCRA closure, post-closure care, and corrective action requirements.
Action
Post-Closure Permits
This rule allows regulators flexibility to issue a post-closure permit to a
facility or to impose the same regulatory requirements in an enforceable
document issued under an alternate non-permit authority in lieu of a post-
closure permit. Facilities that receive enforceable documents in lieu of post-
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closure permits must continue to meet all requirements of the regulations
applicable to non-permitted facilities and must meet the additional
requirements outlined in this rule—that is, they must submit information about
the facility upon request by EPA, conduct facility-wide corrective action, and
comply with the groundwater requirements applicable under permits. In
addition, the Agency must provide for meaningful public involvement at three
key stages-when it becomes involved in the corrective action activities at the
facility, during remedy selection, and prior to making a decision that corrective
action is complete at the facility. These requirements assure that facilities
addressed under alternate authorities are subject to the same level of
environmental protection as facilities regulated under post-closure permits,
while allowing regulators flexibility to use the best tool available to address the
facility.
This rule also adds a new section to 40 CFR Part 270, identifying specific RCRA
Part B permit application information that must be submitted when post-closure
permit is issued. This provision clarifies information submission requirements for
owners and operators, but does not modify existing requirements.
Closure of Regulated Units
This rule allows EPA to replace the closure and groundwater requirements at
certain hazardous waste units with similar, site-specific requirements developed
through the corrective action process. This flexibility is available under the
following conditions:
! When a hazardous waste unit is situated among SWMUs (or areas of
concern), a release has occurred, and both the unit and the SWMU(s) are
likely contributors to the release.
! When EPA determines that applying the hazardous waste closure and
groundwater monitoring requirements for post-closure care is not necessary
because the cleanup remedy developed through the corrective action process is
deemed protective.
! When the remedy selected will satisfy the RCRA closure performance
standards.
When the closure and groundwater requirements are developed through
corrective action, the rule also allows regulators to develop site-specific financial
assurance requirements.
Applicability
The post-closure provisions of this rule affect all non-permitted land disposal
facilities that close with waste in place. The provisions regarding closure of
regulated units apply to all land disposal units, at permitted and non-permitted
facilities, that meet the conditions of the rule.
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Conclusion
EPA believes that this final rule will facilitate the regions' and states'
implementation of RCRA post-closure care and corrective action requirements in two
areas. First, it will expand the regulatory options available to EPA and the
authorized states to address environmental needs at facilities undergoing post-
closure care. Second, it will allow EPA and the authorized states to address certain
hazardous waste units under the corrective action process rather than closure, thus
removing impediments to cleanup that have been encountered where two similarly
situated units have been subject to two different regulatory requirements.
For More Information
This fact sheet is available in electronic format on the Internet at
. For additional information or to order
copies of this or any other document, call the RCRA Hotline. Callers within the
Washington Metropolitan Area must dial 703-412-9810 or TDD 703-412-3323
(hearing impaired). Long-distance callers may call 1-800-424-9346 or TDD 1-800-
553-7672. The RCRA Hotline operates weekdays, 9:00 a.m. to 6:00 p.m. Write to the
RCRA Information Center (5305W), US EPA, 401 M Street SW, Washington, DC
20460. Address e-mail to rcra-docket@epamail.epa.gov.
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