Monday
June G, 1983
Part  IV
Protection Agency

40 CFR Parts 284, 265, and 270
Delay of the Closure Period for
Hazardous Waste Management Facilities;
Proposed Rule

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  20798
lt ENVIRONMENTAL PROTECTION
• AGENCY

  40 CFR Parts 264,2135, and 270
  [FRL-3334-2]              '•[
             -. '   .   ••...     t|. .--...-
  Delay of the Closure Period lor
  Hazardous Waste Management
  Facilities

  AQENCY: Environmental Protection-
  Agency.     '       •,-'•.  ••••
  AcnoN^Proposed rule.    ..'•-'..

  SUMMARY: The Environmental Protection
  Agency (EPA) is proposing to amend
  portions of the closure requirements
  under Subtitle C of the Resource
  Conservation and Recovery Act (RCRA)
  applicable to owners and operators of
  certain types of hazardous waste land. '•
  disposal facilities. The proposed
__ amendments would allow, under limited
  circumstances, a landfill or surface'
  impoundment to remain open after the
  final receipt of hazardous wastes in
  order to receive non-hazardous wastes
  in that unit. This proposed rule details
  the circumstances under which a unit
  may remain open to receive non-
  hazardous wastes and describes the
  conditions applicable to such units.
  DATE Comments must be submitted on
  or before July 21.1980.
  ADDRESS: The public must send an
  original and two copies of their
  comments to: EPA RCRA Docket (S-201)
  fWH-562), 401M Street SW.,
  Washington, DC 20460.
   Place the docket #F-88-D.CPP-FFFFF
  on your comments. For additional
  details about the OSW docket see the
  "OSW Docket" section in
  "Supplementary Information". .
  FOR FURTHER INFORMATION CONTACT:
  The RCRA Hotline at (800) 424-9346 (toll
  free) or (202) 382-3000 in Washington,
  DC, or Sharon Frey, Office of Solid
  Waste (WH-563), U.S. Environmental
  Protection Agency, 401M Street SW.,
  Washington, DC 20460, (202) 475-6725.
  SUPPLEMENTARY INFORMATION: The
  OSW docket is located at: EPA RCRA
 Docket (Sub-basement). 401M Street
 SW.. Washington, DC 20460.
   The docket is open from 9:00 to 4:00
 Monday through Friday, excopt for
 Federal holidays. The public must make
 an appointment to review docket
 materials. Call 475-9327 for
 appointments. The public may copy
 materials at the cost of S.15/page.
 Charges under S15.00 are waived.
 Preamble) Outline
 I. Authority"
 U. Background
 HI. Synopsis of Proposed Rule
   A. Rationale for Proposed Rule        '
   B. Summary of. Proposed Rule
•  IV. Section-by-Seqtion Analysis of Proposed
     'Rule,'     ,      .     .     ...
   A. Applicability     ,      ,   ,
   B. Part 284 Standards     .  '
     1.'General Conditions for Delay Of
     Closure  . j | • •, '':   .'*:•  '••  >' •
       a. Demonstrations for Extensions to
     Closure'Deadlines     .
   • .  b. Changes to Facility Plans
      , c. Exposure Assessment Information
       d. Permit Revisions  '
     2. Surface Impoundments that Do Not
     Meet Liner and Leachate Collection
     System Requirements
       a. Contingent Corrective Measures
     Plan      ;
       b. Alternatives
       '  (1) Alternative 1—Removal, of
     Hazardous Wastes       i
     (.   (2) Alternative 2—Flushing!      I
     Hazardous Wastes       '   '
     '  '   (a) Sludge Removal and Flushing
     of Liquids  .
  \     !   (b) Relationship to Mixture Rule
  i     ' (3) Alternative 3—Leaving
     Hazardous_Wastes in Place
      c. Corrective Action Requirements
        (1) Disposal Impoundments ,
       • (2) Surface Impoundments at Which
     Wastes Are Removed
     1    (a) Releases at the Time of the
    Final Receipt of Hazardous Wastes
          (b) Releases after the Final
    Receipt of Hazardous Wastes
      
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                   ; Federal Register

                               180739
     To make § § 264.113(b) and 265.113(b)
 .  •consistentwith the deadlines in
 1 .  § §264.il3(a) and 265.113(a), the Agency
 ,  ' proposed, on March 19,1985, that
 ". crosure.be completed within 180 days
    after trie, final receipt of hazardous,
    wastes .rather than after the final receipt
    of wastes (50 FR 11068). The changes to
    § §264;il3(bj and 265.113(b) were
    promulgated as proposed on May 2,1986
    (51 FR 16422), following public comment.
    After-prornulgation of the May 2,1986, ..
    amendments,; lawsuits were filed
    challenging the requirement that closure
    be completed within 180 days after the
    final receipt '-ot hazardous waste. The.
    litigants, Union Carbide Corporation
    (Union Carbide) and the Chemical  .
    Manufacturers Association (CMA),
    contended that this change was
    inconsistent (with the Congressional
    intent evidenced in the Hazardous and
    Solid Waste Amendments (HSWA)
    legislative history regarding closure of
    surface impoundments, and further that
    the change was unnecessary to protect
    human health and the environment, and
    that it would discourage waste
    minimization and other goals Congress
    expressed in HSWA.
     Union Carbide and CMA were
    particularly concerned about the effect
    of the  amended closure regulations on
    surface impoundments that ceased the
    receipt of hazardous wastes in
    compliance with section 3005Q) of
    RCRA.. This section of the statute
•...  requires that all surface impoundments
  :  that had interim status on November 8,
 .   1984;. either satisfy certain minimum
    technological requirements (MTRs) (i.e.,
    double liner, leachate collection system,
 .   and ground-water monitoring
    requirements) applicable to new surface
  '-, impoundments, receive a variance from
    these.requirements, or cease the receipt,
    storage or treatment of hazardous waste
 ,:. by November 8,1988. The May 2,1986,
    closure rule would require interim status
    surface, impoundments that failed to
    meet MTRs by the November 8,1988,
    deadline to close within 180 days,
    because November 8, by statute, would
    •be the date of final receipt of hazardous
    waste for these units. Union Carbide
    and CMA, however, argue that the
    legislative history of HSWA explicitly
    indicates  Congressional intent to allow
    disposal surface impoundments that
    stop receiving hazardous  wastes to
    remain open and receive non-hazardous
    wastes after this deadline, even if they   .
    do not retrofit to satisfy the MTRs.
     The legislative history of section
    3005(j) of RCRA (130 Cong. Rec. S9182
    (daily ed. July 25,1984)) contains a brief
    discussion that indicates that the
    retrofitting requirements do not in
 themselves require the closure of an
 impoundment that cease's to-receive  .
 hazardous wastes and that requiring
 such closure would not be proper if the.
 management of the impoundment were
 protective of human health and the
 environment. In the preamble to the
 May 2,1988, final rule, the Agency
 argued that, while the legislative history
 evidences thai-fact that section 3005(j)
 of RCRA itself does not mandale closure
 of an interim status surface    ;
 impoundment that ceases to receive
 hazardous wastes, it leaves.unimpaired
 EPA's pre-existing authority to establish
 by regulation additional closure
 requirements as necessary to protect
 human health and the environment. In
 other words, EPA concluded that the
 statute did not directly address the issue
 and did not constrain its  discretion to
 promulgate closure regulations for
 surface impoundments subject to the  .
 retrofitting requirements. EPA
 concluded on a factual and policy-
 making basis thai expeditiously closing
 hazardous waste surface impoundments
 after they stop receiving hazardous
 wastes was necessary to ensure
 protection of human health and the
 environment. The Agency primarily was
 concerned that, in certain
 circumstances, proper management of .
 the facility might be continued which
 could lead to an increased possibility of
 releases and therefore risks to human
 health- and the environment
 HI. Synopsis of Proposed Rule

 A.-Rationale for Proposed Rule
   Since the challenge to the May 2; 1986,
 final rule, EPA has been engaged hi
 negotiations to settle the suit brought by
 Union Carbide and CMA. While no
 written settlement of this action has yet
 been signed, as' a result of the
 discussions EPA now believes that it
 may not be necessary to  require closure
 and termination of the receipt of
 nonhazardous wastes al  all non-
 retfofitted surface impoundments. Under
• certain carefully controlled
 circumstances  it may be possible for a
 nonretrofitted surface impoundment to
 continue to receive nonhazardous waste •
 in manner that is protective of human
 health and the environment. EPA also
 believes that other types of land
 disposal units may be able to continue
 to accept nonhazardous wastes if they
 are similarly controlled. The types of
 controls that EPA deems necessary are
 discussed in detail in Part IV of this
 preamble.
   There also are a number of sound
 policy reasons why it is desirable to
 allow units to delay closure to continue
 to receiye.nohhazardous waste,    .  •.  •
provided that it does, not jeopardize •
protection of human health and the
environment. First, the Agency is
concerned tha.t the existing closure
.deadlines could limit incentives for
hazardous waste minimization. This
would be inconsistent with the Ageny's
overall policies and goals as well as
Congressional intent expressed in
HSWA. For example, a generator with
on-site hazardous waste storage,
treatment, or disposal capacity might
refrain from recycling wastes or
modifying production processes to
eliminate the generation of hazardous
wastes, if such actions resulted in
specific units no longer receiving
hazardous wastes. In this case, the
current closure rules would require the
closure of that unit, even if it had
remaining capacity useful for the
management of nonhazardous waste.
  Second, the land disposal prohibitions
may require that'owners and operators
of land disposal units stop using the
units for the management of certain
hazardous wastes, e.g., wastes
containing banned solvents. As a
consequence, these requirements might
trigger closure of the units, even if
capacity remains for managing other
hazardous wastes or nonhazardous
wastes in an environmentally protective
manner. Finally, the closure regulations
could act as a disincentive to the
delisting of a waste stream, if such
delisting resulted in a triggering of the
closure requirements.   •
  In all of .these cases, the Agency
recognizes that closure of the unit while
the unit has remaining capacity to
receive nonhazardous wastes could
disrupt facility operations or impose
substantial- economic burdens on the
facility owner or operator. This is
particularly likely in the case of
treatment impoundments (such as
wastewater treatment units) that serve
as an integral part of an industrial waste
management.system, providing
management for both hazardous and
nonhazardous  waste streams. The
Agency continues to believe that, in
general, units that cease the receipt of
hazardous wastes should initiate closure
in accordance with Parts 264 and 265
standards. However the Agency
believes that, under certain conditions,
closure activities can be deferred
without increasing the risks to human
health and the environment. For
example, landfills which meet the
permitting requirements to manage
hazardous wastes should pose few
additional risks to human health and the'
environment provided added
nonhazardous wastes are compatible
with previously disposed hazardous

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 20740
Federal Register.^- VoL 53,-;jvjp.
                                   6,;-1988 :•/ Proposed Rules
 wastes. Today's proposal attempts to -
 promote these policy goals.while  ,
 continuing to protect human health and .
 the environment by establishing specific
 applicability requirements,
 environmental controls and, the
 continued application of Subtitle C
 requirements to units wishing to remain
 open after the final receipt of hazardous
 wastes to receive nonhazardous wastes.
   The Agency therefore is proposing to
 allow units-that cease the receipt of
 hazardous wastes to delay closure, so
 that they may remain open to receive
 nonhazardous wastes provided that they
 meet the requirements of today's
 proposal in addition to current Subtitle
 C regulations. EPA considers these
 requirements discussed below to be
 consistent with the full set of regulatory
 and legislative requirements currently in
 place for units or facilities that accept
 hazardous waste.         -
 ff. Summary of Proposed Rule
'   Today's proposal would allow an
 owner or operator of a permitted or
 interim status surface impoundment or
 landfill in compliance with applicable  _
 requirements io remain open following
 the final receipt of hazardous waste to
 receive only non-hazardous wastes, if he
 additionally satisfies the specific
 conditions being proposed today, and  ,
 continues to conduct operations in
 accordance with all applicable Subtitle
 C interim status and permit
 requirements. [The requirements
 included in today's proposal vary with
 • the type of unit, with additional
 conditions imposed on surface
 impoundments that do not meet the Part
 264 liner and leachate collection system
 requirements. In general, however, the
 facility owner or operator would be
 required to operate under full permit
 requirements of 40 CFR Part 264,
 including corrective action
 requirements. [Facilities currently in
 interim status Which meet the ••
 requirements of today's proposal may
 defer closure while the permit
 application is being reviewed. In
 addition, surface impoundments that did
 not meet the liner and leachate
 collection system requirements would   •
 be required to [remove all hazardous
..waste, or, if hazardous waste were not
                                                             • removed, to close at the first indication
                                                              of ground-water contamination.
                                                                Exhibit 1 shows requirements
                                                              applicable to all owners or operators
                                                              wishing to delay closure, regardless of
                                                              the type of unit involved. The-1    |
                                                              requirements for permitted and interim
                                                              status facilities are basically the same;
                                                              the differences are primarily procedural
                                                              in nature. As Exhibit 1 illustrates,
                                                             -owners or operators wishing to.keep
                                                              units open would be required to seek a
                                                              permit modification at least 120 days
                                                              prior to the final receipt of hazardous
                                                              wastes, or, for interim status facilities,'
                                                              to submit an"amended Part B permit
                                                              application (or a Part  B application if not
                                                              previously required) at least 180 days
                                                              prior to the final receipt of hazardous
                                                              wastes. (Owners or operators of units
                                                              that received their final volume of
                                                              hazardous wastes before the
                                                              promulgation of this rule would be
                                                              eligible to keep their units open if they
                                                              submitted the appropriate
                                                              demonstrations within 90 days after the
                                                              notice of the final rule has been
                                                              published in the Federal Register.)
                                                             .JELLING CODE 6560-50-M

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;-><::;:;^y:vr: .-^'F^de^al'Regisferi/^ofi
        1         '".'' 'Exhibit 1   '"''.'.'."
Requirements Applicable to AH  Facilities
          Wishing to  Defer Closure
                                                           1988 ^PropfJsi-fJ Ruieg::::.;::.,Jj;,-^Q741
              suomit permit Modification'/ .
             Revised Part B Application Iwith'   g
           Demonstrations and Revised Plans
               of §§264.113(d)/265.113(d)      a
                             720 Days .(180 Days for Interim Status)
                    Finai Receipt of
                    Hazardous Waste
              .  Non-MTR Impoundments
               Comply with  §§264.113(e)
                 i and 265.113(e). See
                   Exhibits 2, 3, and 4
             Receive Non-Hazardous Waste/
                Continue to Comply with
                       Subtitfe C
                      Notification
                      of Closure
                                           I
                            30 Days (150, Days for Interim Status)
                    Final Receipt of
             Non-Hazardous Waste/Closure
      Note:  If a permit or permit modification is denied at any
            time, or interim status terminated for the affected
            unit, closure pursuant to §§ 264.113(a) and (b) or
            265.113(a) and (b) must be initiated.
BILLING CODE 6S60-50-C

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   20742
Federal Register./ VQl.531,:Nq...l08r.,/!.:MQBday^:June :6,»;1988  /!Proposed Rules
     The request for a penriit modification
   or the amended Part B permit
   application must include a number of t   ,
 ,  demonstrations, including ones showing
   that: (1) The unitlhas the existing de|sigh j |
 I  capacity to manage non-hazardous'   I   j i
   wpstes; and (2) the non-hazardous   ' '   '
   wastes are not incompatible with any
   remaining wastes in the unit. As part of
   the permit modification or the amended
   Part B application, the owner or
   operator also must submit revised •  --
   facility plans, including the waste
   analysis, ground-water monitoring, and  •
   closure and post-closure plans, and, if
   necessary,  the closure and post-closure
   cost estimates and financial assurance
   to reflect changes associated with
   operating the'unit to receive only non-
  hazardous wastes.    ,    !
    Owners or opera tors" wishing to
  remain open following the final receipt
  of hazardous waste also must continue
  to comply with all.Part 284 permit
• • requirements (or Part 265 requirements
  until a permit has been issued),
  including ground-water monitoring and
  corrective action requirements and
  closure and post-closure care
  requirements. In addition, if the
  Regional Administrator determines that
  continued operation of the unit or
  facility will pose a substantial risk to
  human health and the environment, the
  unit would not be eligible to delay
  closure. Data collected pursuant to
  RCRA section 3019 and any other
  relevant information may be used by  the
                      Regional Administrator to make a
                      determination of whether a substantial
                      risk exists.[Finally,'units must be closed
                      hr accordance | with the approved closure
                      plpn and tl^e Sjiibpart G regulations
                      applicable to l|.azardous waste
                      management units. Owners or operators
                      must notify the JAgency at least 30 days
                      prior to the final receipt of non-.
                      hazardous wastes at that unit (or at
                      least 150 days for interim status units
                      without approved closure plans] and
                      initiate closure activities in accordance
                      with Subpart G regulations;
                        If a request to modify the permit to
                      manage only non-hazardous wastes-is
                      denied, the permit is revoked at any
                      time, a $CRA permit is denied for
                      interim status Facilities or .interim status
                      is otherwise terminated,' the owner or
                      operator must Initiate closure following
                     f the final receip'tj'of hazardous waste.
                     ; Closure must be' conducted in    i
                      accordance with the approved closure-
                      plan and the deadlines- currently in ' '
                      § 264.113  (a) and (b)' or § 265.113 (a)!and
                      (b).
                     .  Today's proposal includes an
                      additional set of requirements
                      applicable to surface impoundments that
                      do not satisfy  the liner and leachate
                      collection systeip requirements specified
                     under HSWA or have not received a
                     waiver from these requirements, but
                     wish to remain open for non-hazardous
                     waste management. For these
                     impoundments, the Agency is proposing
                     a" combination of source control.
 accelerated corrective, measures, and
 strict limitations on continued
 operations following the detection of a
 release to ground water. The Agency
 believes that compliance with these
 additional requirements and limitations
 when coupled with cessation of the
 receipt of hazardous wastes at these   '
 impoundments, will ensure the
 protection of human, health and the
 environment. Exhibits 2, 3, and 4 show
 the-additional requirements applicable
 to surface impoundments that do not
 meet the liner and leachate collection
 system.requirements. These
 requirements, which are in addition to
 the requirements shown in Exhibit 1 and
 discussed above, are briefly summarized
 below.
  In addition to these general
 requirements, aljl owners arid operators
 of surface impoundments subject to
 section! SOOSfj^that do not satisfy the ,
 liner and leachate collection system
 requirement (Exhibits 2, 3, and 4] must
 provide a contingent corrective        .
 measures plan with their request to
 modify the permit (or, for interim status
 facilities, in their amended Part B permit
 application). This plan will ensure that
 corrective measures can  be
 implemented promptly in the event of a
 release. (The contents of a contingent
 corrective measures plan are discussed
in IV.B.2.a of today's preamble.)
BtUJNQ CODE 6560-50-M

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-Federal Register*/. Vol. 53, .
                                     Monday; June 6, 1988 / Proposed Rules, M_
  : •:..'.  ..'•  "   :   .'."••,-,'v.  .   Exhibit 2   ''  "..•''.:  '       •    .' ;;.',
Surface Impoundment/Waste Removal Alternative with
  Release Detected Before/At Time of Final Receipt of
                     Hazardous Wast4  |
                 Submit Permit Modification/Revised
                Part B Application with Demonstrations
                 and Revised Plans of §§264.113(d)/
                 265.113(d) and-Contingent Corrective
                         Measures Plan
                                 720 Days (180 Days for interim Status)
Final Receipt of Hazardous |
'•-; •,':-:•• .'; ;';-!;.;'f^Waste . •••'. ..-••*; I
. ' .-" :'" •".. • -^ ,V'.'^
;' 90 Days

Removal/Dfsplacement of |
Hazardous Waste I
i
r
Implement |
Corrective Action 1
'i
r-
Receive Non-
: Hazardous Waste

1
                              No
                          Substantial
                          Progress for
                          Corrective
                            Action
                            Closure

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                                  M^^
                                    ibif 3
     Surface impoundment/Waste Removal Alternative with
>. Release Detected After Fmt^ .Receipt1 of Hazardous Waste
                       Submit Permit Modification/Revised
                      Part B Application with Demonstrations
                       and Revised Plans of §§264.113(d)/ '
                      265.113(d) and Contingent Corrective
                              ; Measures Plan'  .  .  .  •
                                      720 Days (180_Daysfor Interim Status)
                          Rnal Receipt of Hazardous
                                  Waste
                                      90 Days   ,.
                           Removal/Displacement of
                              Hazardous Waste
                        Receive Non-Hazardous Waste
                                 Release
                               > Detected
                       Implement Corrective Action While
                       Receiving Non-Hazardous Waste
I
                                Corrective
                             Action not in Place
                             Within 1 Year and/
                              or No Substantial
                                 Progress

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               Federal
^§fes:^/-::v"^
-53.: ^lO^^^A^^^^^p^iyga;Rtile^'" V
                                                                               20745
                                ^ \w Exhibit. 4

    Surface Impoundment/Hazardpus Wastes Remain Alternative
                             Submit Permit Modification/
                            Revised Part B Application with
                          Demonstrations and Revised Plans
                            of §§264.113(d)/265.113(d) and
                           Contingent Corrective Measures
      Closure
         if
      release
      detected
                                       Plan
                                          12.0 Days (180 Days for Interim Status)
                                   Fihar Receipt o^
                                  Hazardous Waste
                               Receive Non-Hazardous
                                     .Waste
                                    Closure and
                                 Corrective Action
                                   Closure

                                   release
                                  detected
BILLING COOE 6660-50-C

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,V^JU;'?2Q^^^.../.\.Fjid^                                                   iigJBSr/yPrppbsed-Rules .   "       v    .
        ., With the submission of these initial.-...
       c demonstrations and contingent
         corrective measures plan, the owner or
         operator must indicate whether he
       t Intends to' remove wastes' from'the,   •
       ' impoundment or not. As summarized
         below and in Exhibits 2,3, and 4, this
        4 decision will determine both eligibility
         of the impoundment to delay closure  .
         and the specific additional requirements
         applicable to the impoundment.
         Selection of an alternative will depend .,'
         In part on whether a release has been
        * detected from the impoundment.
          If a release has been detected at an
         impoundment at or before the time of
         the final receipt of hazardous waste, the
         unit will be eligible to delay closure only
         if (1) the hazardous wastes are removed
         as discussed below and (2) corrective
         measures are implemented prior to the
         receipt of non-hazardous wastes (see
         Exhibit 2). Waste removal may be       j
       " accomplished By either removing all
         hazardous liquids and sludges  or, if
         removal of afl hazardous wastes is  •
         infeasible or impracticable, by removing
         the sludges and displacing the
        'hazardous liquids and suspended solids
         with non-hazardous wastes. Owners or
         operators who do not intend to remove
         the hazardous wa'stes from the
         impoundment (i.e., disposal
         impoundments] are not eligible to delay
         closure if a release has been detected at
         or before the final receipt of hazardous
        wastes.-
       •' If releases are detected after the final"
        receipt of hazardous wastes, owners or
       ' operators of units that have removed -•'
        sludges and removed •or displaced the
        hazardous liquids may continue to..
        operate the unit to receive non-
        hazardous wastes provided that
        corrective measures are implemented,
        within bne year from-the date of the-  • ' •
        release (see Exhibit 3). Owners or •
        operators who do not remove all
        hazardous wastes prior toVeceiving  only
        non-hazardous wastes (i.e., disposal
        impoundments in Exhibit 4) must
        promptly initiate closure within 30 days
        of detection of the release in accordance
        with the deadlines in §  264.il3(a) and
        (b) or § 265.113(a) and (b) if a release is
        subsequently detected.
          Regardless of when the release is
        detected, the owner or operator must
        begin closure if he fails to make
        substantial progress in implementing the
        corrective measures and achieving the
        ground-water protection standard (or
        background levels for facilities that have
        no established ground-water protection
        standard). Substantial progress will be
        determined on a case-by-case basis..In
        general, however, the achievement of.
        substantial progress will b'e measured
• by.whethier-jhe owner or' operator has=
 met significant deadlines in the
 compliance schedule, permit, or   •'.   ;; ••-
 enforcement-order that establishes
 tin) eframes for achieving the facility's
 ground-water protection.standard or
 background levels, if applicable. The
 Agency also is proposing procedural
 requirements for triggering closure of the
 unit if the Agency determines that the
 owner or operator fails to demonstrate
' substantial progress. This is discussed
 further in Section IV.B.2.d of today's
 proposal. -'•';•  " '-  '>'•'••  •:  .-:-.-
   Today's proposal applies only when
 an owner or operator of-a unit wishes to
 remain open following the final receipt
 of hazardous wastes  to receive only
 non-hazardous wastes and meets all of
 the conditions  in today's rule. Today's
 rule does not affect requirements
 applicable to owners or operators
 allowed to receive hazardous waste   .
 who wish to suspend operations
1 temporarily and receive additional
hazardous wastes in the future: The
 existing requirements in § 264.113(a) and
 (b) and § 265.113 (a) and (b) already
include provisions for extending the
 deadlines for initiating and completing
 closure under these circumstances. The
 current Subpart G regulations also do
not preclude jan owner or operator from
receiving non-hazardous wastes during
 the closure period as  part of the closure
activities provided that it does not
.interfere with .closure activities. Today's
proposal also does riot affect these -...-•-.
requirements.  ."..  .-.  .   :•/''•;.";'--;....'

IV. Section-by-Section Analysis of
Proposed Rule         .      ...
  -The following sections' of this
preamble address the major issues and
present the Agency's rationale for the
specific regulations proposed today. The
preamble is'arranged in a section-by-  . ..
' section sequence" for ease of reference.- -  :
Section A addresses the applicability of
today's proposal. Section B discusses
the Part 264 technical requirements
applicable to permitted facilities, while
the Part 270 procedural requirements
applicable to, permitting are addressed
in Section C. ^Section D discusses the
conforming changes to Parts 264 and 265
interim status standards. The
requirements proposed in Parts 264 and
265 are subst|antively identical,  but have
slightly different procedural
requirements.
A. Applicability
  Today's prbposal is restricted to
permitted and interim status landfill and
surface impoundment units that: (1) Are
in compliance with applicable-permit or
interim status requirements;. (2)  cease to
receive hazardous wastes; and (3) will,
'•subsequently receive only non-'   "••'-'•
 hazardous waste. For a .unit to qualify as
• no longer-receiving-hazardous wastes, •
 no additional hazardous wastes or  .
• wastes that generate a hazardous, waste,
 shall be placed in the unit.1 Today's
 proposal does not extend the option to
 delay-closure to units that lost interim
 status pursuant to section 3005(e) (2) or
 (SjofRCRA.
.   Today's proposal also does not extend
 the option to delay closure to manage
 only non-hazardous wastes to storage
 units (i.e., storage or treatment tanks,
• container storage areas, or waste piles),
 incinerators, or land treatment units. If
 owners or operators of such units wish
 to receive non-hazardous wastes after
 the final receipt of hazardous wastes,
 they must comply with the current
 closure requirements, including
 decontamination procedures. The
 Agency believes that the activities
 necessary to close storage units (i.e.,
 tanks, container storage areas, waste
 piles) and incinerators are compatible
 with the future'use of the unit because
 by definition these units were always
 intended to only handle wastes on a
 temporary basis. Further, the Agency
 believes that requiring these units to
 conduct closure prior to receiving only-
 non-hazardous wastes will not impose
 an undue burden on owners or
 operator's.
  . The Agency is also not proposing in
...today's rjile to allow land treatment
 units the option of delaying closure
 following the final receipt of hazardous
'waste. The Agency is not currently
 aware of any likely situations when the
 delay of closure to receive only non-
 hazardous wastes would.be desirable or
 practical. However, EPA requests public
 comment on whether the option to. delay
 closure should be applicable to land
 treatment units, If there are reasons to
 allow owners or operators of these units
 the option to remain open following the
 final receipt of hazardous wastes to
 receive only non-hazardous wastes, they
 would become subject to the
 requirements proposed in §§ 264.113(d)
 or 265.113(d), including demonstrations
 that the management of non-hazardous
 wastes in the land treatment unit will
 not be incompatible with any prior
 hazardous waste management
  1 For example, when a non-listed rinsewater from
 an electroplating operation is discharged into a
 surface impoundment, a listed wastewater
 treatment sludge from electroplating operations is
 formed in the impoundment. While the waste that
 enters the impoundment is non-hazardous, a listed
 hazardous waste is generated and thus received in
 the impoundment. Therefore, this unit would not
 qualify as a unit no longer receiving hazardous
 wastes...- .-.-.-'    '-'.'*••••"'..:  '.---.;

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 operations. Owners, or operators also
 would continue to be subject to all
 applicable Parts 264 or. 265 requirements
 under Subpart M, including the '
 treatment demonstration requirements •
 Sri § 264.272. •  )'• ,  |    •'. ; :.  ., ••   .  '
   EPA also requests comments on
 whether the closure delay option offered
 to landfills and surface impoundments
 should be extended to other hazardous
 waste, units. We also request comment
 on.the types of requirements that would ,
,.be appropriate for other types of units
 seeking to delay closure in order to
 change to non-hazardous waste
 operations after the final volume of
 hazardous waste has been received..

 B. Part 264 Standards
   The Agency is proposing to amend
 § 264.il2(d) and § 264.113 (a), (b), and
 (c), and. to add new paragraphs (d) and
 (ej to § 264,113.
   As previously discusse'd, the current -
 Part 264 standards require a facility
 owner or operator to treat, dispose of or
 remove all hazardous wastes within 9O
 days (264.113(a)) and to complete
 closure activities within 180 days
 (264.113(b)} of the last receipt of
 hazardous wastes. Further, 264.112{d)
 establishes that the date that the owner
 or operator expects to begin closure, and
 therefore must notify EPA, is no later
 than 30 days after the receipt of-the last
 known volume of hazardous wastes..
 Today's amendments will provide an
 additional justification for an extension
 of the closure, period to allow for'
; management of only non-hazardous
 wastes. Additionally, a conforming
 change is being made to | 264.112(d} to .
 address final closure of units that
 qualify for this, new closure extension.
   The changes to  § 264.113 supplement
 the existing general facility and
 technology-specific Part 264 standards
 by adding a separate set of requirements
 for owners or operators of hazardous
 waste management units that will delay
 closure in order to remain open to
 manage solely non-hazardous waste
 streamfs). These requirements are
 proposed to provide assurance that
 public health  and  the environment will
 be adequately protected at these units
 during the period prior to closure. All
 owners or operators wishing to delay
 closure are required to apply for a
 modification,of their facility operating
 permits. This  permit modification
 request must be accompanied by certain
 demonstrations and amended facility
 plans. Procedures  for requesting a
 permit modification to delay closure,
 including timing requirements, are
 discussed in Section IILC of this
 preamble. Additional requirements are  "
 proposed in § 264.113(e) for surface
 impoundments that do not meet the liner
 and leachate collection system
 requirements in Part 264. Surface    •.  •
 impoundment units will be subject to
 proposed:||: 264^113 (d) and (ej) whereas
 landfill units will be subject to proposed
 § 264.113(d) only. The owner qr operator
 must also continue to comply with
 existing Part 264 permit requirements.

 1. General Conditions for Delay of
 Closure.   •' '   '•,.'.'_       ;  '     -
  .Today's proposed rule imposes
 additional requirements on units
 wishing to remain open after the final
 receipt of hazardous wastes. These
 requirements supplement existing .
 Subtitle C requirements. Under today's
 proposal an owner or operator must
 comply with all other applicable Part
 264 requirements, including ground-
 water monitoring and corrective action
 requirements. Additional requirements
 are discussed  below and in Section
 IV.B.2. A discussion of deadlines for
 complying with these requirements is in
 Section IV.C.
  a. Demonstrations for Extensions to
 Closure Deadlines. Proposed §§ 264.113
 (d) and (e]  specify the conditions which
 must be met to delay closure to manage
 only non-hazardous wastes. First,  the
 owner or operator must request a  permit
 modification and, under § 264.113(d)(l)
 make a series  of demonstrations.
 Sections 264.113(d)(l) (i) and (ii) propose
 that the owner or operator demonstrate
 that the unit has existing .design .
 capacity to receive non-hazardous .
 wastes, and that there is a reasonable
 likelihood that the unit will receive non-
 hazardous wastes within one year after
 the final receipt of hazardous wastes.
 These demonstrations are consistent
 with the demonstrations currently
 required in § §264:113'(a) and (b) to
 extend the closure deadlines if an  owner
 or operator wishes to suspend
•hazardous  waste management
 operations temporarily and recommence
"receiving hazardous wastes at a later
 time.      "  .         '
  Design capacity as specified in these
 sections refers to the operational design
 capacity included within the facility's
 Part A application. Since a primary
 purpose of the proposed rule is to  allow
 facility owners and operators with
 existing waste disposal capacity to use
 this capacity effectively, the Agency
 does not believe that facilities should be
 allowed to  expand their design capacity
 to accommodate even greater amounts
 of wastes.
  In addition, to ensure that use of the
 unit to manage non-hazardous waste is
 protective of human health and the
 environment, the Agency is proposing to
 require in § 264.113(d)fl}pii> that owners
  or operators must demonstrate that .   .
  treatment, storage, or disposal of non-
' hazardous waste (including the
  interaction between non-hazardous
  wastes that may be co-managed) will
  not pose.any potential threats to human
  health and the environment as a result
  of past and existing hazardous waste-
  management operations. In this
  demonstration, owners or operators
  would be required to consider fully any
  potentially detrimental effects
  concerning the design, operation,
  closure, and post-closure of the unit due
  to the addition of non-hazardous wastes.
  Potentially detrimental effects include
  those due to the incompatibility of non-
  hazardous wastes and constituents with
  the hazardous wastes that previously
  had "been disposed of in the unit. For
  example, detrimental effects might occur
  if a neutral pH metallic sludge (listed as
  F006) remained at the bottom of a'unit
  that received non-hazardous waste
  containing relatively high, acid levels.
  The elevated levels of acid in the non-
  hazardous waste would tend to
  solubilize the metals in the F006 sludge,
  resulting in a leachate with potentially
  significant levels of toxic metals.
  Potential problems that may affect a
  unit's ability to comply with Subtitle C
  requirements also must be addressed^
  For example, at a landfill the impacts of
  adding non-hazardous wastes may
  include subsidence, settlement of the
  cap, or leachate or methane gas
 " generation.
:. , In many cases, especially for
  wastewater treatment impoundments,
  both hazardous and non-hazardous
  waste streams will have been previously
'  managed simultaneously in the unit and
  compatibility of operations should be
  relatively easy to demonstrate to the .
  Ag'ency. On the other hand, EPA does
  not believe, for example, that receipt of
  municipal solid waste at a landfill
  previously used to manage hazardous.
  waste would ever be considered
.  compatible given the potential for the
  generation and migration of methane
  gas, subsidence, and settling of the cap.
    As discussed below, the proposal
  requires that the unit continue to comply
  with all RCRA Subtitle C permit
  conditions. Because a unit or facility
  that delays closure is handling non-
  hazardous wastes, such Facilities may be
  subject to State laws regulating the
  management of municipal or industrial
  solid wastes. Therefore, the Agency
  expects owners and operators to
  conduct management of the non-
  hazardous wastes in a manner
  consistent with any applicable State and
  local requirements for facilities that
.  handle non-hazardous wastes. •

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                                   S. kX&$3^os.)^<'f*M^8y;: June^^lSjB^.;:/; Korio8ed:Rules7
   Finally, §§ 284.113(d)(l) (iv) and (v}
 require owners and operators to'
j demonstrate that closure of the unit is
 incompatible with its continued
, operation and that the unit is (and will •
 continue to be) in compliance with all
 applicable permit requirements. These
 requirements are'consistent with current
 requirements for approval to extend the
 closure period under §§ 264.113 (a) and
 (b). In reviewing compliance with   :  . "
•applicable regulations, the Agency.is
 concerned that ground-water, systems
 pursuant to § 264.97 be in place. The
 Agency in particular would expect
 facilities delaying closure under today's
 proposal to have monitoring wells in
 place as required by Subpart F.
   b. Changes to Facility Plans. The
 Agency is proposing in § 264.113(d)(2) to
 require as a condition of delaying
•.closure that owners or operators submit,
 with their permit modification, a request
 to make the appropriate changes'to the
 waste analysis, groundrwater
 monitoring and response, and closure
 and post-closure plans, and associated
 changes to the closure and post-closure
 cost estimates and financial assurance
 required elsewhere in Part 264. Just as
 facility plans must be revised to reflect
 substantial changes in the types of
hazardous wastes handled or the
hazardous waste management practices
employed, the Agency believes that
selected plans for the facility, and, in .  .
particular, the waste analysis plan,
ground-water monitoring plan, and     \ •
closure and post-closure plans and cost
estimates, may have to'bemodified to
reflect the changes associated with ••
operation of the unit to receive" only non-
hazardous wastes.       ..''••••
   The ground-water monitoring plan  ":
may alsojneed to be revised to account
for the presence of any hazardous
constituents, such as those published in
Appendix Vin of Part 261 or Appendix
IX in Part 264, in the non-hazardous
waste. In addition, at some facilities it
maybe necessary to revise the ground-
water monitoring plan to address the
installation of additional wells for those
units that will be remaining open to
receive only non-hazardous wastes in
order to detect releases from those units.
Revisions to the closure and post-
closure plans may be necessary if the
activities to be conducted differ from
those previously planned (e.g.,
procedures for handling wastes at
closure or the date of final closure, if
required under § 264.112(b)(7)]. To the"
extent that revisions to the closure or
post-closure care plans increase the cost
estimates, the cost estimates and the
amount of financial assurance required  •
  in §§ 264.143 and 264,145 also must be:
,  increased.  ;  • ,   -;..; .  .- :».   c  ..
   c. Exposure Assessment Information.
  Under proposed § 264.113(d)(4), owners.
  jor operators [of landfills  anil surface
  impoundments m'ust include the human
 ' exposure assessment required under  .
  RCRA section 3019(a). Facilities will not
  be eligible to delay closure to receive
  non-hazardous waste if the Regional
  Administrator determines that the unit
 . poses a substantial risk to human
  health. Suchta determination will be
  based on data from the human exposure
  assessement,- as well as on any other
  relevant information. Upon  •      •   •
  determination that a unit poses a
  substantial risk to human health,  the
  unit will be required to close follcfwing
  the final receipt of hazardous wastes
•  pursuant to the current deadlines in.
  Subpart G.  ;•     •  -   •   -
   d. Permit Revisions. Finally, the
 Agency is proposing in § 264.113(d)(5) to
 require that the request to.modify the
 permit include revisions  as appropriate
 to affected conditions of the permit to
 account for the management of only  ,
 non-hazardous waste in  a unit •     '
 previously managing hazardous waste.
 Because some hazardous constituents
 may remain in a .unit even in cases
 where hazardous wastes have been
 flushed or removed, the Agency believes
 that it is important for the protection of.
 human health arid the environment that •
 information concerning the management.
 of non-hazardous waste be included in
 the permits of facilities seeking to delay
 closure under today's proposal. In   '.
 addition, this requirement is consistent
 with the Agency's intent  that units
 delaying closure continue to be subject
• to the permitting requirements of. .. •  •
 Subtitle C. Receipt of non-hazardous .
 waste under today's proposal, therefore,
 would be considered analogous to
 adding a hazardous waste stream to a
 facility during its normal  operating life.
 Permit revisions that the  Agency would
 consider necessary include revisions to
 the exposure Information required under
 § 270.10(j) to account for  the potential
 danger to the | public due to the
 continued presence of hazardous
 constituents in the unit following the
 final receipt of hazardous waste. A list
 of the non-hazardous wastes to be
 managed as required for hazardous
 waste under §§ 270.17(a)  and 270.21(a),
 and revised descriptions  of the
 processes to be used in the unit for
 treating, storing, and disposing of
 wastes as required under § 270.13(h)(i)  '
 would also be required. Other required
 revisions might include an updated  .
 demonstration of financial assurance as.
 required'under § 270.14(b)(15) and a •'•
•' revised ground-water monitoring plan'as
  required under § 270.14(c)(5).and
-  discussed in Section IV.B.X.b above.   •

i  2'. Surface impoundments that Do Not
  Meet Liner and Leachate Collection
  System Requirements

    Congress.has recognized that surface •
  impoundments may pose certain waste
  management problems as evidenced by
  the.provisions of RCRA section 3005(j),
  which state that interim status surface
  impoundments in existence on
  November 8,1984, must either satisfy
  the MTRs applicable to new units (i.e.,
  be designed with double liners, leachate
  collection systems, and ground-water
  monitoring), receive a waiver from these
  requirements, or stop-the receipt,
  storage, or treatment of hazardous
  wastes by November 8,1988. These
  requirements are discussed in the March
 ;28,1988 Federal Register (See 51 FR
.  10707).
.'"•' Because of this additional concern for
  surface impoundments that do not meet
  the MTRs, and Agency believes that
  controls beyond those already discussed
  above must be imposed on these units
  as a condition of delaying closure to
  receive only non-hazardous wastes
  where.some hazardous wastes  are to
  remain in the unit.  For surface
  impoundments that othrewise satisfy the
  permit requirements (including
  compliance with Subpart F ground-
  water monitoring) but do not meet liner
  and leachate collection system.
  requirements, EPA believes .that
  additional controls are necessary to
  ensure that such units delaying'elosure
  under.today's proposed rule afford a
  level of protection consistent with that
  of units that are retrofitted to meet these
  requirements. Although these units are
  no longer receiving additional .
 hazardous wastes,  hazardous wastes
  (e.g., sludges) from previous operations . -
 may be presentjn the unit. Because of
  the potential presence of hazardous
 wastes in  these impoundments,
  continued operation of the units for any -
 waste management is concern due to the
 likelihood of leakage, especially from
 unlined units. Therefore, today's rule
 proposes that all  surface impoundments
 that do not comply  with double liner
 and leachate collection system
 requirements in Part 264 applicable to
 new units  and RCRA section 3005{j)
 must submit not only the required
 demonstrations and the modified facility
 plans.discussed above, but also comply
 with additional requirements in
 § 264.113(e) to ensure protection of
 human health and the environment.
 These requirements are discussed
'below.-  •''••••'•.'-, i-.-••c-.: , :- ••" .X::•.-.

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%|a^alf:Re£st^^
•  •;•  -&.:Coiitingent Corrective Measures, r
   P/O/J; In addition to the demonstrations•••
   and requirements described in IV.B.1
'   above, proposed § 264.113(e)(l) requires
   owriers or operators of surface       .-
   impoundments that do not satisfy liner
:   and leachate bollection'system
•:' requirements to submit a contingent
   corrective measures plan with the
:,   request to modify the permit as a
   condition of delaying closure unless a
   corrective action plan has already been
 •  submitted under § 264.99.1 (The'      -  -
   requirements for initiating corrective
   actfon are discussed further in today's
 .  preamble at IV.B.2.C below.) Requiring
   this plan in advance of a release will
   ensure that if ;a leak does occur,
   corrective measures can be
   implemented quickly to prevent further
   contamination of ground water, contain
   existing contamination, and lead to
 •j steady progress in achieving the ground-
•  I water protection standard at the unit.. '  |
  • •  The-Agency:expects such a plan to'. '•'  :
1   include.as many elements of a full
   corrective action program as possible  ~
   and to be sufficiently detailed with
   respect to actual remedial activities to
   ensure rapid implementation in the
   event of a release. Because the exact
   extent and type of release will not be
   known; the contingent corrective
   measures plan should describe a range
   of possible remedies that may be
   appropriate under several likely release
   scenarios. While the'Agency recognizes
 .  that it would be impossible to plan for
   "all contingencies, EPA believes  that,   ;
." using data on the types of constituents  :
  ' atthe facility, hydrogeologic conditions,1"
 . "location of-ground-Water'monitoring
  • wells,.and available remedial . .    '-'
.  -technologies, it is possible to develop a•••
  [.fairly detailed set of'alternative  - '-'   '•
•  '/measures.,      "-.i-.-•-•.-i.vS A'•'•..."•.'•'"•
  ij :The plan should include an' '"  "•"'''• •"'-";
  ' extrapolation of future contaminant
   movement, .a discussion of the likely
   contaminants-of concern, and a •  •'••
 .- description of those corrective measures
   that can be installed-quickly to address
   inter alia releases of different types of
   constituents or releases at variable rates
   and plumes of different size and depth.
   The plan should also identify potential
   interim measures such as alternate
   water supplies, stabilization and repair  •
   of side walls, dikes, and liners, or
   reduction of head, if appropriate. The
   range of corrective measures should be
   described in detail, including the
   equipment and the physical components
-   required. For example, the plan  should
   describe the type and placement of the
   containment measures to be used (e.g.,
   slurry walls', low permeability barriers,
   etc.), the number and types of wells and
                              how they will be used (e.g., diversion  "
                              wells or wells for collecting the flow),   :
                              and' the proposed treatment technologies
                              (e.g., carbon adsorption, ion exchange,"  '
                              ch'e'micarpr'ecipitation.' etc.). The plan'' '
                             • should'also identify any site-specific
                              problems which .could affect a corrective.
                              measures program, such as underground
                              utilities and migration of the1 plume
                              under structures.
                              .  The Agency.believes that much of the
                              data for the contingent corrective
                              measures plan should be readily -     .: ,
                              available to owners or operators.
                              Information on  constituents, plume.
                              direction, location of wells, and
                              potential human and environmental
                              exposures is included with the Part B
                              permit application. Additional
                              information may also be available as a
                              result of actions taken or'ongoing to-
                              comply.with corrective action
                              requirements, under either Subpart F or a
                              . RCRA section 3008(h) corrective  action
                              order or permit  conditions pursuant to' •
                              .RCRA section 3004(u).
                                The preparation of the contingent
                              corrective measures plan does not
                              relieve the  owner or operator of any
                              existing or  future requirements of a
                              corrective action program  or schedules
                              of compliance in a RCRA section 3008(h)
                              corrective action order. The measures
                              identified in the contingent corrective
                              measures plan are anticipated to be
                              complementary to any long-term
                              corrective measures that may be-   •  • .  •
                              determined- to be required following
                              more  in-depth-analysis of'the release •' ':
                              arid remedy evaluation. Changes to the
                              contingent.plan may be made under
                              applicable permit modification     	
                              requirements.   .". .  '    .'-  •    ••:••.'•
                              ' .• b. Alternatives. Today's proposal'in
                              section. 284.113(e)  offers owners or
                              operators of surface impoundments that
                              do riot satisfy the  double, liner and
                              leachate- collection requirements  three
                              alternatives for  delaying closure to
                              receive non-hazardous wastes. These
                              options offer flexibility to-owners or
                              operators to account for different types
                              of management  practices. However,
                              regardless of the option chosen, the
                              combined requirements are designed to
                              assure that impoundments that do not
                              meet double liner  and leachate
                              collection system requirements ensure
                              protection of human health and the
                              environment. As part of the
                              demonstrations  required in the request
                              to modify the permit to delay closure, an
                              owner or operator of a surface
                              impoundment eligible to delay closure
                              must include a plan for complying with
                              one of the three alternatives described
                              below.     .-••' '•'•'•    ; •     •'•:"•     •
   (1) Alternative 1—Removal of    .
Hazardous Wastes. Under the first
alternative, proposed in section
264.li3(e)(2)(i), an owner or operator of
a surface.impoundment must remove all
hazardous liquids arid hazardous
sludges from the impoundment prior to
the receipt of nonhazardous waste. In
addition, in the event of a release to
ground water, the facility would have to
comply with  the corrective action
requirements discussed in Section'
IV.B.2.C below.
-  The Agency recognizes that for lined
units, it may  be necessary to leave some
wastes, immediately above the liner to
avoid impairing the integrity of the liner.
Therefore, the Agency is proposing to
allow sludges to remain immediately
above the liner only to the extent
necessary to  maintain the integrity of
the liner. In cases where the unit is
unlined, the hazardous waste must be
removed down to the underlying and
adjacent soil. This degree of removal
will maintain the structural uniformity
of the bottom of the unit. The amount of
hazardous sludge that must be removed
will be determined on a case-by-case
basis, taking  into consideration the
physical and chemical characteristics of
the sludge, technology available to
remove the sludge, and liner material.2
The Agency will not consider the
economic practicability of sludge
removal in determining the amount of
sludge that must be removed. At the
time of final closure, the impoundment '
will still be subject to Subpart G closure
requirements. If the unit chooses to
"clean close", additional sludge removal
may be required to jneet clean closure
standards. This final determination will
be made at the time of final closure.
  As. specified in proposed
§ 264.113(e)(4)(i), the hazardous wastes
(liquids and sludges) must be  removed
no later than  90 days after the final
receipt of hazardous wastes. The
Regional Administrator may approve a
request for a  longer period of  time based
on need (e.g., additional time is required
because of adverse weather conditions
or specific operating practices), and a
demonstration that an extension vC'ill not
pose a threat to human health and the
environment. (The requirement to
remove wastes as a condition of
delaying closure applies only  to the
  2 The draft RCRA Guidance Document.
"Minimum Technology Guidance on Single Liner
Systems for Landfills, Surface Impoundments, and
Waste Piles—Design, Construction, and Operation." '
issued may 24,1985, for example, suggests, that a
minimum of 18 inches of protective soil or
equivalent is appropriate to protect liners from
damage when mechanical equipment is used to
remove sludge or contents of the impoundment. .

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  -7
                                # 6rjt988 V- iErioposed Rules
    hazardous wastes in the impoundment.)
   "The deadline arid the criteria for
    requesting an extension tb the 90-day
    deadline are consistent Tvith 1he current
    provisions in § 284.113(a) for removing
    all hazardous wastes at closure and for '
    requesting an extension-to that deadline.
    The Agency -wishes to ensure that
    owners or operators -of surface
    impoundments that do not satisfy the
    double liner and leachate collection
    system requirements and who choose to
   .remove hazardous wastes -do so within
    the same time frames were-they to close
    tneirwnils followfngthe final receipt of
   hazardous wastes,     '          "   .
     {2) Alternative 2—Flushing Hazardous
    Wastes— (a) Sludge Removal and
   Flushing of Liquids. The-second
   alternative, proposed in
   § 264.113(eJ(2)(ii), would allow an owner
   or operator to delay closure if he       ,
   removed the hazardous -sludges as
   required in Alternative 1 (e.g.. dredging
   or pumping) and removed the liquid"-
   hazardous wastes and suspended solids
   from the unit by flushing the unit with
   the non-hazardous influent. This
   alternative is available only where the
   owner or operator can demonstrate that
   iMs-mfeasible or impracticable to
   remove all of the hazardous waste from
   the impoundment as discussed in
   Alternative 1. The  owner or operator
   also would be required to demonstrate
   that the liquid wastes and suspended
   solids remaining in the unit did not
   exhibit a characteristic of hazardous
   wastes identified in Subpart C -of Part
   2ffiL AsuuAUernative 1, the owner or  •.
 ,  operator also must comply with
.   correcfive action requirements;.  "  - .'. .-
   discussed below!        .'.'     _    .,
    The Agency believes' that units '
   employing biological treatment methods
   may be able to demonstrate that it is -   ,.
   infeaaible or impracticable to remove all
   of the .hazardous wastes as discussed in
   Alternative a. In a biological treatment -
.  impoundment, theiiazardous wastes of
   concern include the sladge feat has
   settled to the bottom of the unit and the
   liquid phase. If the  hazardous liquids are
   removed by draining the impoundment,
   the following problems could arise. First,
   in many cases the facility's wastewater
   treatment system would be shut down,
   which could force the facility to stop
   some of its operations for a significant
   period of time while the removal
   activities were completed. Second, the
   microorganisms'which had been
   acclimated to the facility's-wastes
   would be destroyed and the facility
   would have to reacdimate a new ,
 f  biomass.                 . .  .
    Under Alternative 2. at least 95
,-. .percent of the liquid and suspended
  hazardous, wastes must be displaced by
  flushing with .non-jiazardous influent
  The owner or operator must  ,
  demonstrate that 95 percent of-the
  liquid, as .measured by volume, has been
  displaced! The Agency would consider a
  tracer study to be an appropriate means
 . of making mis demonstration. For
  example, in some impoundments,
  depending on the-waste types and the
  environment, a radioisotope {e.g.,
  deuterated marker compounds} or an
j easily detected and identifiable •"••
  chemical compound could be introduced
  into the impoundment, allowing the •
  wastes remaining in the impoundment to
  be measured. Use. of chemical dyes to
  trace the floTJv of wastes also may be
  appropriate methods in some
  circumstances.    .••'•'
    As specified in § 264.113(e){4}{ii), the .
  owner or operator must begin flushing
 the impoundment and removing
 hazardous sedges no later than 15 days
 after fee final receipt of hazardous
 wastes and complete the 95 percent
 displacement and removal of hazardous
 wastes no .later than 90 days after the
 final receipt of hazardous wastes. This
' deadline is consistent with the deadline
.in-§. 284-U3(a) for removing hazardous
 wastes at closure. For multi-unit
 treatment impoundments, 95 percent of
 the hazardous wastes in the last unit in
 the train must be displaced no later than
 90 days after the final volume of •
. hazardous wastes has been received at
 the first unit 'The Regional         .    .
 Administratorjnay grant an extension to
'the -30-day deadline if the owner or.
 operator can demonstrate that the
 retention-thae necessary io flush ihe -
 unit or remove all of the sludge
 necessitates-a longer-time period and
 that an extension wnl not pose.a Areat
 to human health'and the environment
 • The Agency .recognizes that the
retention time necessary to complete the
95 percent displacement will vary
 significantly among units, depending on
site-specific factors such assize, depth,
average flow rate, and the type of
treatment that is being conducted (e.g^
aerobic, anaerobic, aeration, settling,
facultative). The Agency believes that a
90-day deadline should be sufficient for
all  but the largest impoundments or for
multi-unit treatment impoundments.
Data on the average retention time for a
number of different sizes and types of
impoundments suggest that only very
large impoundments (e.g., 200-acre
impoundments) or treatment train.
impoundments comprised of several
units are likely to have retention times
of over 90 days. Most of the;
impoundments-examined had average
retention times ofless than 50 days.,  •  •
  suggesting that displacement and sludge
  removal could be completed within the
  proposed deadline. For units that cannot
  complete the displacement within the
  90-day deadline, the Agency would hav^
  the authority to extend the deadline. To.
  support an extension, .EPA would expect
  an owner or operator to submit data on
 . the size of the unit, the type of treatment
  being conducted, the average flow rate
  (&gi millions of gallons per day), and
  documentation supporting the claim that
  the unit's retention time and me time
; required to remove the sludge would
  exceed 90 days.;
   The Agency recognizes that the 90-
  day deadline also may be insufficient
  for treatment facilities composed of
.  multiple impoundments. For example, a
  treatment system comprised of an
  equalization pond, two anaerobic ponds,
  and an aerobic pond could .have a
 combined retention time exceeding 90
  days. In this case, the Agency would
  entertain, a request for an extension of
 .the 90-day deadline.'      - ,
  ' The Agency considered proposing that
  the flushing process be completed
 within 180 days to allow owners or
 operators of very large impoundments
 sufficient time to remove the sludges
 and complete the flushing process. The
 Agency was concerned that owners or
 • operators not delay the flushing process,
 and, as a result, is proposing that the
 flushing begin no later  than 15 days after
 the final receipt of hazardous wastes
 and be completed no later than 90 days
 after the final Teceipt The Agency is
 requesting comments on whether 90
 days is an adequate amount of time to
 complete the sludge removal and
 flushing process for most facilities and
 data on retention times of
 impoundments to support an alternative
 deadline,  if appropriate.     .  • •
  {b) Relationship to-Mixture Rule.
 EPA's "mixture rule" for the definition
 of hazardous -wastes raises an
 interesting issue for facilities that treat
 .hazardous wastes in a series of
 connected surface impoundments.
 Under the requirements of 40 CFR
 261.3(aH2)(ivJ, where a listed hazardous
 waste mixes with a non-hazardous
 waste, the entire mixture is considered
 to be the listed waste and must be
 handled as hazardous. Such mixing
 might occur in a surface impoundment
 that is delaying closure  to receive non-
 hazardous wastes under any of the three
 alternatives described above. If the
impoundment in which the mixing
 occurred was the first impoundment in a
 treatment train, the material it
 discharged to "'downstream"
impoundments would be considered a
hazardous-waste. The "'downstream"

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   , -  -  l
Federal  Register '/: Vo& 53}."No.- qroanft 1 Monday 'ftmfr 6^588
                                                                                                 ues
,  impoundments would Have to retrofit to
  continue .to receive this mixed
  hazardous waste stream after November
  8,1988.         ....     . • ....    -    .
    Retrofitting, however; might not be
  required in all circumstances, the key
  question would be whether in fact any
  mixing of nonrhazardous and hazardous
  wastes occurs in the first impoundment.
  in the series. The Agency has; stated, in
  somewhat analogous circumstances*
  that no mixing occurs in a wastewater  .
  .treatment unit that .manages a non-
  hazardous liiquid waste even if that
 "•' liquid generates a hazardous sludge that
  settles to the bottom of the same unit,
  unless the sludge is in some way
  physically dredged up and mixed with
  the liquid. EPA believes it would be
.  appropriate to, ap'ply the same principle
  here. There should be even less
  opportunity for mixing here because in
  •many cases much of the original -
  hazardous sludge will be removed, and
  in all cases no additonal quantities of,.
  hazardous sludge will be generated.
  Consequently, if there is no further
  .disturbance of remaining hazardous
  w.aste in an impoundment delaying
  closure^ EPA will presume-that no
  mixing occurs and that the non-_.
  hazardous waste does not become IT"
  hazardous waste. Subsequent surface
  impoundments would be able to accept
  this non-hazardous Waste if'they met the
  requirements proposed today.
    Final closure activities,.of course, may
. -disturb and mix the wastes and as'
.. previously'discussed,; the hazardous   ,.
 •waste rules apply at final closure.  .    .
:'. Sludges within all impoundments  ',  .  :
>  continue., to be considered hazardous-
  wastes unless delisted.     :      . ;.    v
    (3) Alternative 3—Leaving Hazardous
  Wastes in Place. The third alternative.
  proposed in § 264.113{e)(3) allows : '  ..
... owners or operators of disposal   .
•  impoundments who do not intend to i  -
  remove all  hazardous wastes, including
  liners and contaminated soils, at
  closure, but instead will leave some
  hazardous wastes in place, to delay
_closure under only limited
  circumstances. Because hazardous
  wastes are not removed prior to the
  receipt of non-hazardous wastes, the
  Agency is proposing more stringent
  requirements for disposal
  impoundments than for impoundments
  at which hazardous wastes are
  removed. For disposal impoundments,
  the Agency is limiting the availability of
  the option to delay closure to those
  impoundments that do not have a       . .
  statistically significant increase over
  background values of detection
 monitoring parameters or constituents or
 have not exceeded the facilityls groundr..
                      water-protection standard at the point of
                      compliance on the date of the final
                      receipt of hazardous wastes. This  '
                      determination will be based on the most
                      recent monitoring data as required in
                     1 Part 264 Subpart F. In addition, if a.
                      release is detected after the final receipt
                      of hazardous wastes, the owner or
                      operator must promptly initiate closure
                      of the disp'osal impoundment in   .
                      accordance with the approved closure
                      plan no later than 30 days after the
                     • detection of the release and comply with
                      the corrective action requirements
                      including those discussed below.  ;
                     .   c. Corrective Action Requirements.-
                      All units that delay closure will remain
                      subject to all applicable corrective
                      action requirements. In addition, owners
                      or operators of surface impoundments
                      that do not meet the double liner and
                      leachate collection system requirements
                      must submit a contingent corrective
                      measures plan as a condition of
                      delaying closure. The Agency is
                      proposing in |264.113(e) additional,
                      conditions .that apply if there is a
                      statistically significant increase over . ^
                      background values of detection
                      monitoring parameters or constituents
                      for interim status units or if a release
                      that exceeds the facility's grotcattwater
                     protection standards at the point of
                      compliance is detected at these
                     impoundments. This determination will
                     be made based on the unit's most recent
                     monitoring data as required under Part
                     264 Subpart F. The purpose of the
                     contingent corrective measures plan and
                     .the corrective action requirements hi •
                     § 264<113(e) is'to ensure that if a release ,
                     is'detected, interim corrective measures,
                     at a minimum, are instituted quickly.
                       As mentioned earlier, the corrective  : •
                     action requirements proposed in
                     § 284.113(e) have no effect on an •    -
                     'owner's or operator's obligations to
                     comply with all of the requirements in
                     Part 264.  Subpart F. Rather, the
                     requirements in today's proposal are in
                     addition to the corrective action
                     requirements specified in Subpart F to
                     ensure that the. delay of closure to
                     receive only non-hazardous wastes at
                     surface impoundments that do not meet
                     the .double liner and leachate collection
                     system requirements does not
                     compromise the protection of human
                     health  and the environment. Moreover,
                     the Regional Administrator retains the
                     authority to require additional
                     corrective measures as deemed
                     necessary in the final corrective action
                     plan. Finally, today's proposal will not
                     affect future changes to Subpart F that
                     are currently under consideration. For
                     example, if the Agency revises the
                     methods for setting the ground-water
 protection standards, disposal	
 impoundments that exceed their ground-
 water protection-standard as a result of
 such regulatory amendments would still
 be required "to close. If necessary,
 conforming amendments will be made to"
 today's rule to be consistent with any
 future changes to Subpart F.
   The Agency is concerned that basing
 the evidence of a release from a unit on
 contamination of ground water alone
 may overlook releases that have
 occurred but have not yet been detected
 by.the ground-water monitoring system.
 The Agency is also concerned about
 contamination to media besides ground
 water, e.g., soil contamination or
 leaching of hazardous constituents to
 surface water. While the unit remains
 subject to all corrective action
 requirements for all media, the initial
 determinations of whether expedited
 corrective action is required 'under
 today's proposal for delayed closure are
 based on ground-water monitoring data.
 The Agency is requesting comments on
 the  approach of basing the evidence of a
 release on ground-water monitoring
 results only and whether other options
 may be appropriate.
   The Agency is proposing more
 stringent corrective action requirements
 for disposal impoundments because 'of
 the greater risks associated at units
 where hazardous wastes have not been
 removed. The Agency is also imposing
 more stringent requirements on
 impoundments that are leaking on the
.date of the final receipt of hazardous
 w.aste to ensure that these units do  not
 exacerbate any threats to human health  ,
 and the environment. These
 requirements are discussed in detail
 below..    .                   .  •   •
   (1). Disposal Impoundments. As
 discussed above, § 264.il3(e)(8)
 proposes that disposal impoundments
 must not have detected a release to
 ground water as a condition of delaying
 closure to receive only nonhazardous
 waste. Any disposal impoundment  -
 having a statistically significant
 increase over background values of
 monitoring parameters or constituents or
 exceeding the ground-water protection
 standard on the date 'of the final receipt
 of hazardous waste, based on  the most
recent ground-water monitoring data as
required under Part 264, Subpart F, is
not eligible for delayed closure. If a
statistically significant increase in
background values is detected, or if the
ground-water protection standard is
exceeded, corrective action must be
conducted as required under Subpart F "  "
and the unit must be closed in
accordance with the approved closure

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                    -rj--'-Regster ^~'
  "plan -and ofher requirements -m Subparts
  CandlC.
    12.) Surface Impoundments At Which
  .Wastes Are Removed*. .The Agency is
  proposing in % 2B4.113(e) {5J. M and {7}
  the corrective action requirements
  Imposed on owners or -operators who
  intend to remove hazardous wastes from
 ' their impoundments as a condition of
  delaying closure. These sections vary
  depending on whether or not a release
^.has been detected by the date of the
" final receipt of hazardous wastes. These
  regulationa are discussed below.
 .   {a] ReJeases at ihe Time of the Final  -
 * Receipt ofHazafdoas Wastes -(Exhibit 2
  in 'Section HI.B of this preamble). The
  Agency is proposing hi J 264.113{e) (S)
  and t5) to require owners or operators of •
  surface impoundments intending to  •
  remove hazardous wastes  to cease the
  receipt of all wastes if they have
  detected contamination statistically  •
  greaterthan background levels of
  detection monitoring parameters or, .
  constituents, or-inexcess-of their  •
  ground-water protection standard at the •
  point of compliance. The most recent
  monitoring data .required under Snbpart
  F will be used to make this'
  determination by the date of the .final .  •
  receipt of hazardous wastes. An
  exception -would be granted to owners
  or operators xvho remove hazardous ,
  wastes from the impoundment by
  flushing with non-hazardous wastes. In  >
  this rasa, the impoundment may   •      •
  continue to receive non-hazardous
. waste-only -to complete the flushing • . , ,
  process iaaccordance with the   > '   . . ,,
  timeframes established in    ,..,:•'  • '-
                                    '
                  .                  .
   Non-hozardous wastes may-not be   -.
 received at a unU with a. release      ;'
 statistically 'greater than background.  ;
 levels or exceeding the ground-water
 protection standard on the date of the
 final receipl;of hazardous waste until  "
 corrective measures havabeen
 implementediThese measures must be
 consistent with an approved contingent
 corrective measures plan or-with '
 provisions ot an approved corrective
 action plan -otherwise required in
 Subpart F. The specific corrective
 measures that must be implemented to
 allow a facility to receive nonhazardous
 wastes will be specified on a case-by-
 case basis in the plan. However, if an
 owner or operator can demonstrate that
 the release  is not statistically greater
 than background levels or does not
 exceed the facility's ground-water
 protection standard, he may continue to
 receive non-hazardous wastes.
   The Agency intends that the
 corrective measures to be implemented
 be more than studies  of the extent of
 contamination or development of ..  .
 remedial alternatives. Rather,'the   ' ".
 Agency would expect containment and/
 or remediation activity,, consistent .with
 the activities Described in the contingent
 corrective measures plan, to be.
 undertaken. For example, installing ,'  .
 removal -wellsland a slurry wall and
 starting the pumping and treating of
 contaminated ground -water might
 satisfy the-requirement that corrective
 measures be implemented. -
   The Agency; recognizes that stopping
 thereceipt of all wastes until corrective
 measures have been implemented could
 adversely iaffect .the operations of some
 types of fatalities. The, Agency believes
 that in most cases, however, the delay
 should not "be extensive. Pirst, marry of
 the units that may have to stop the
 receipt of wastes because a release has
 been detected at the time of the final
 receipt of hazardous wastes will have "
 already triggered trompliance monitoring
 and/or be engaged in-a corrective action
 program under Subpart F prior to  .   -
 today's proposaL'Tn fact, remedies may
 already be under review for such units.
 Therefore, there should not be an
 extensive delay before the unit is placed
. on a compliance -schedule for-corrective
 action and thej-unit can receive.non-
 hazardous wastes. Second, because
 these units have detected releases, the
 Agency expects that in most.cases these
 facilities will have a high priority for
 approval,of corrective action plans. At
 the sarae §me,| prohibiting the continued
 receipt of non-hazardous waste until
 £G«y«cfive,'measures have begun should
 provide an Incentive for-owners'or
 operators to implement ^corrective •
 measures as soon -as possible after the'
 approval of a corrective action plan. -
  ' The Agency considered allowing units
 that are leaking on the -date of the final. .
 receipt of'hazardous wastes to receive
 nbn-hazardons'wastes if 'the Owner or
 operator-makes -a demonstration that the
 receipt of non-hazardous wastes will not
 exaceifeate'thrieats to human health -and
 the environment or impede fee •
 effectiveness of the corrective measures,
 and that these corrective measures will
 be implemented within one year from
 the final receipt of hazardous waste. It-
 has been argued that, particularly for
 owners or operators who will remove
 the hazardous [wastes  by flushing with
 non-hazardous influent, allowing the
 further receipt [of non-hazardous wastes
 at these units after flushing has been  .
 completed may not increase the
 environmentalirisks. According to the
 argument, allowing the continued
 receipt of non-hazardous wastes will
 further dilute certain types of
 constituents in the impoundment and
 thus may decrease the potential for •
  threats to human health and toe
  environment.                       '     f
   The Agency: is not proposing this
  approach for a number of reasons. First, '
• because hazardous wastes remain in the.
  unit, it would be .necessary to evaluate
  the impacts of allowing the receipt of
  non-hazardous wastes on the •
  effectiveness of the corrective action
  program. Because the units in question
  do not satisfy .liner and leachate
  collection system requirements,, the
  Agency must.be assured that .the
  requirements applicable to these units
  provide adequate protection of human
  health and the environment [This is a
  particular concern for facilities awaiting
  permit approval where  characterization
  of ground-water flows, hydrogeologic
  conditions, the extent of the plume, etc.,
  may not yet have been subject to the •
  rigorous review that occurs during
  permitting.) The Agency is not
  convinced thatit will be possible to
  effectively evaluate such impacts. The
  Agency also is uncertain about'what
  criteria should be used  to evaluate the
  impacts of the continued receipt of non-
  hazardous -wastes on the effectiveness
  of corrective action. Finally, the Agency
  is. concerned that the effort required to
  evaluate these demonstrations will be   	
  time-consumifig and not an effective use
  of Agency resources.
   The Agency is requesting comments
  on whether impoundments not meeting
  liner and leachate collection system
. requirements that are leaking on the
  date of the final receipt of hazardous
  wastes should oe allowed to receive   •
  non-hazardous wastes prior to the
,  institution of a corrective-action
  program. Particularly, the Agency is
  soliciting information on the impacts of
  hydraulic head on the effectiveness of
  corrective action, the types of data
  necessary to make these determinations,
  deadlines for making these
  demonstrations, and whether this option
•  should be available to all impoundments
  or only impoundments that have already
  received permits.
   (b) Releases After the Final Receipt of
 Hazardous Wastes {Exhibit 3 in Section
  III.B of this preamble). Today's rule
  proposes in § 264.113(e)(7) to allow an
  owner or operator of an impoundment
  that does not meet liner and leachate
  collection system requirements and
 whose hazardous wastes have been
 removed to continue operating the unit if
 a release is detected after the date of the
 final receipt of hazardous wastes under
• limited circumstances. After the
 detection of a release, the unit only be
 allowed to continue to receive non-
 hazardous waste only if corrective
••measures -consistent with the approved

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f Federal  Register
                  /
                                                                          '^98^ y~Pfo£b'setf I
                               -20753
  contingent corrective measures plan are
  implemented within, one year of the
  detection of the release, or approval of
.  the contingent corrective meas'tires plan,
  whicheyer-is later, and if the continued"
 .receipt o|non-hazardous waste will not
 'pose a threat to human health and the
  environment. Again, the conditions for
  demonstrating that corrective measures
  have been established will be specified
  on a case-by-case basis in the corrective
 _ action plan. {As discussed earlier, the
  Regional-Administrator retains the   '  -"
 ' authority ta require additional :
 -corrective.measures in the final     ^  .
 ^corrective action plan.)     -     •-   .
   Again, while 'a demonstration that
  corrective measures have been put in
  place must be more than the completion
  of studies, the implementation of interim
  measures (e.g., installing slurry walls
  and initiating a pump and .treat program)-
  may be sufficient. If the Regional
 Administrator determines that the    .'
 continued receipt of non-hazardous
 waste during this  one-year period is
 posing a  threat to human health or the.
. environment, he has the authority to
 either require that corrective measures
 be implemented in less than one year or
 to require that the receipt of non-'
• hazardous wastes cease until corrective
' measures are implemented.
   While it is; the Agency's policy  that
 corrective action be undertaken
 promptly, it recognizes that at large
 units or facilities a longer time could be
. needed to completely assess  the nature "
 and extent of the contamination and, /••:":'
 'specify remedies or that delays hi: '  fv
-, cleanup;activities could be cause'd by '']'-'
 timing issues beyond the control of the  -
 owner or operator (e.g., availability of ''
. cleanup contractors, weather  '
 conditions). The Agency considered
 giving the Regional Administrator the  '
 authority to, grant  extensions to the one- :
 year, deadline for implementing
 corrective measures. However, the
 Agency wished to avoid additional
 administrative burdens' and delays in
 getting corrective measures           '•'.
 implemented and still believes that one
 year should provide adequate time. The
 Agency is requesting comments on this
 one-year  deadline and suggestions on
 other alternatives.
   d. Evaluating Progress of Corrective
 Action. In § 264.113(e)(10), the Agency is
 proposing that impoundments that have
 removed all hazardous wastes and have
 been allowed to delay closure to receive
 non-hazardous waste in accordance
 with the requirements in § 264.113 (d)
 and (e)(2) must initiate closure if the
 owner or  operator fails to make
 substantial progress in implementing
 corrective action and achieving the
  facility's ground-water protection :
  standard or background levels if the
  facility has hot yet established a ground-
  water protection standard.
  .  The Agency is not proposing'to define
  "substantial progress" in today's rule.  -
  Rather, the 'Agency believes that this   •
  determination should be made on a
  case-by-case basis based on an    •   •
  evaluation of the progress of the   • •
  corrective  action program towards
  achieving the ground-water protection
  standard (or background levels if
  applicable). In addition, the Regional
  Administrator will evaluate the effect of
  the continued receipt of non-hazardous
  waste on the effectiveness' of the
  corrective  measures being taken in
  determining whether substantial
  progress towards the ground-water -
  protection  standards has been achieved.
  In general,' the Agency would consider
  the failure  to comply with significant
  deadlines in the schedule of compliance,
 . the permit, or other enforcement orders
 : that establish timeframes for achieving
  the facility's ground-water protection
 .standard as cause for closure. The
  Agency does not intend failure to
  comply with procedural or reporting
•  requirements that do not affect the
  progress of corrective action to be cause
  for closure; on the other hand,
  compliance with deadlines for
  procedural or reporting requirements
, alone, will not be  considered a
; demonstration of substantial progress.
  ; A determination of whether the unit
•-•has demonstrated substantial progress  '
"•-in its corrective action program would' •
r be based, id part, on the results of the
'••semi-annual reports required under  •
 •I 264.113(e)(9). Proposed § 264'.113(e)(9):
 requires the owner or. opera tor to submit
 reports to the Regional Administrator ..
 that describe the progress of the  •
,- 'corrective measures, including results of
 ground-water monitoring and the effect
' of the receipt of non-hazardous wastes
 on the effectiveness of the corrective
 action. The amount of time allowed for
 demonstrating that substantial progress
 toward achieving the ground-water
 protection standard has been achieved,
 will be a site-specific decision that is
 dependent upon the nature, extent, and
 magnitude of the contamination, as well
 as the nature of the remedial measures.
   Today's rule also establishes an
 accelerated set of procedures for
 initiating closure if the pwner or
 operator fails to demonstrate substantial
 progress in  achieving the ground-water
 protection standard. The objective of
 these accelerated procedures is to
 reduce delays in initiating closure, while
 still providing adequate due process to
 the owner or operator and adequate
 notice to the public.             "   .
   Under proposed § 264.113(a)(ll), the
 Regional Administrator must notify the •
 owner or operator in writing that he has
 failed to make substantial progress and
 that he will be required to close the unit
 in accordance with the deadline in
 § 264.113 (a) and (b). The Regional
 Administrator must provide the owner
 or operator a detailed statement of
 reasons for his determination and also
 publish a newspaper notice of this
• decision and provide a 20-day comment
 period. If the Regional Administrator
 does not receive written comments on
 the decision to require closure of the
 unit, the decision will be final five  days
 after the close of the comment period.
 The Regional Administrator will then
 notify the owner or operator that he
.must submit a revised closure plan, if
 necessary, within 15 days of'the final
 notice and commence closure in
 accordance with the deadlines in
 § 264.113 (a) and (b). If written
 comments are received, the Regional
 Administrator will make a final       \
 determination no later than 30 days   '
 after, the end of the comment period and
 notify the owner or operator and the
 public of the decision by newspaper
 notice.
   Because the Agency is concerned that
 closure be commenced as  quickly as -
 possible once it is determined that  the
 unit is not demonstrating substantial :
 progress towards achieving the ground-
 water protection standard to ensure
.protection of human health and the
.environment, today's proposal does not
provide for adminisbative appeals  of
 the Regional Administrator's decision to
.require closure. The proposed rule,
however, does include a formal
comment period (in addition to informal
negotiations prior to the final Agency
decision). In addition, the decision  to
require closure would constitute a final
Agency decision and is therefore subject
to judicial appeal. The Agency does not
believe that disallowing  administrative
appeals will violate the due process
rights of the owner or operator.

3. Notification of Closure

   Section 264.112(d)(l) currently
requires an owner  or operator to notify
the Regional Administrator at least 60
days prior to the expected  date of
closure, defined in § 264.112(d}f2) as no
later than 30 days after the final receipt
of hazardous waste. EPA proposes  to
add subsection (ii) to §264.112(d)(2) to
specify that for units that have delayed
closure after the final receipt of
hazardous waste, the' "expected date of
closure" is no later than 30 day after

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                    Federal' Heater "f VoL~
    the final receipt -of non-hazardous  -  .
  ' wastes. .Therefore, an owner or operator
    who has delayed closure after the fin.al  •
  • ^receipt of hazardous waste to receive _„•  ..'
'•>, '"only non-Lazardous waste must Tiotify^' «•.
   ' the Regional Administrator at least 60''.  ..
    days prior to the final receipt of non- -
    hazardous waste."
    C. Part 270 Permit Modification
    Requirements
      Jor.facilUies with jRCRA permits,' the
    request io modify the permit .to .extend
    the .closure period would be considered
    under the current regulations to be a
    major' modification subject to public
    notice and comment and procedures in
    Part 124. The demonstrations discussed
    earlier must be submitted to the Agency
    for approval with a request to modify
   * the permit at least 120 days prior to the
    final receipt of hazardous "waste, or  •
    within 90 days after-the final rule is
    published in' the Federal Register as.
   . required in § 270.41, whichever is later.
      If, subsequent fo approval of the
    permit .modifications, an owner or
    operator changes the types of non-
    hazardous wastes that are handled iii
    the unit, he must again request a
    modification to the permit .and
    demonstrate that the addition of these
    new non-hazardous wastes is also   -
    compatible with the hazardous and non-
    hazardous wastes in the unit and past,
   . current and future operations.
      On September 23,1987, the Agency
    proposed amendments 1o -the Part 270
    procedures for modifying permits.  •  • •>.
   • Today's-rule proposes-a •conformmjg
,.- <« change to'the September 23; 1987,   .' ._
    proposal to make the procedures for, •'.  .
    .modifying a permit for delayed closure
    xxmsisternVwith that scheme.The'•
    Agency ra proposing to classify an
   , extension fb the closure-period to'
    recelve-uon-hazardous waste following.
  •  , final receipt -of hazardous waste as a
    Class 2 modification and-to add it to
    Appendix I of § 270.42, "Classification of
    Permit Modifications." In order-to
    requestihis Class 2 modification, the
    owner or operator must submit the
    demonstrations and changes  to facility
    plans required in 5 264.133 {d) and (e)
    and described inJV.B.l in this preamble.
    If these proposed amendments to Part
    270 do not become final, an extension of
     the closure period to receive non-
    hazardous waste will continue to be
    classified as a major permit
     modification.
       While it has not proposed changes to
     Part B application requirements, the
     Agency wishes to make clear that Part B
     applications submitted in order to delay
     closure under today's rule will be
     required to contain, for the non-  •
   ,  hazardous wastes to be received, all of
 the elements required'in a Part B
 application! for a'facility continuing to-
• receive hazardous waste. Such
1 information 'would include closure and
^post-closure plans revised  to account for
' "noh-hazarct'pus wastes, 'revised
 documentation of financial assurance
 'under §§564.143and 264.145, and a
 revised ground-water monitoring
 program. The Agency considers it
 appropriate to have such information
 submitted in the'Part fl application
 because facilities delaying closure will.
 continue to be considered' hazardous .
' -waste facilities. This-is consistent with
 the Agency's position that facilities
 delaying-closure .-must continue-to
 comply with the permitting requirements
 of Subtitle C.       ,
 D. Conforming Changes
   The Agency is proposing conforming
 changes- to, the interim status, standards
 in Part 265 thatparallel the technical
 requirements 'in Part'264 for deferring
 closure to receive only non-hazardous
 wastes. The interim status requirements
 are substantially the same as those for
 permitted units. Today's rule also
 proposes conforming changes to
  §§ 264.13 fe) and (b) and 265.13 (a) and
  (b) and to  § § 264.142{a](3} and
 264.142(a)(ft) and 265.142(a)(3) and
 -265.142(a)(4). These differences are
  highlighted below.       -
  1. Conforming Changes to Part 265
  Interim Status Requirements,
" • 'a. Initial Demonstrations. Proposed
  § 265.113 (d}{lj requires owners or
  operators :6f interim status units, to
.  submit amended Part B applications, or'
  Part B applications if one was not      -
•. previously requfred, with the revised
 . facility plans and required
. .demonstrations.-Parts applications are
,  required'because the Agency does not
  believe that a .facility starald be -allowed
  to remain open to receivy non-
  hazafdous waste while remaining in
  interim.status. The Agency is
  particularly concerned that  units that do
  not satisfy the double liner and leachate
  collection [system requirements and
  remain open under today's proposal be
  subject to the stricter provisions of Part
 . 264, especially the  stricter ground-water
  protection requirements of Subpart  F to
  sufficiently protect human health .and
  the environment. Plans and
  demonstrations must be submitted at
  least 180 days prior to the final receipt
  of hazardous wastes. This 180-day
  deadline is consistent with  the deadline
  in § 265.112(d) for notifying the Regional
  Administrator of closure and submitting
  the closure plan for review  and
  approval. Owners  or operators who
  already have received their final volume
 of hazardous wastes or will receive it-in *
 the near future will be eligible to delay
 closure if they submit their Part B
 application and the required   .      ;
 demonstrations no later than 90 days
 after notice of today's final rule ig
' published in the .Federal Register,   |
   As discussed above, under today's
 proposal, facility owners and operators
 would be. required to operate under the
 full permit requirements of 40 CFR Part
 264. However, .because the Agency
 cannot guarantee that a Part B permit
 will be issued prior to the .final receipt of
 hazardous wastes, the Agency is  •
 proposing to allow the owner or
 operator to remain open after the final
 receipt of hazardous wastes to receive
 only non-hazardous wastes prior to
 issuance of the permit. During this'
 period the owner or operator must
 comply with .all of the applicable  •
 requirements in § 265.113 (d) and (e) and
 continue to conduct operations in    j
 accordance with all other applicable
 Part 265 requirements. If the Agency
 subsequently denies the permit, the Part
 265 closure requirements, including the .
 closure deadlines of i 265.113 (a) and
 (b), be.come effective immediately.
    We recognize that there may be
 concern about allowing interim status
  facilities to delay, closure while a
  decision on a permit application and
  delay of closure is pending. However,
  the Agency.is.convinced that the
  applicability criteria in §265.113(d)
  together with the technical requirements
  hi §265J.13(ei) for delaying closure and
  other Part 285 requirements are  ,
  sufficient to preclude any increases in
  threats to Human health and the
  environment during the permit review
  period. In the case of surface
  impoundments that choose to or must-
 remove wastes to delay .closure, the
- required activities are consistent with
  current Subpart G closure requirements.
  Therefore, even if the request to delay
  closure and/or an operating permit is
  denied,' the owner or operator will have
  begun the closure process by removing
 • the hazardous wastes 'from the
  impoundment, m addition, a facility
  awaiting a determination of a request to
  delay closure remains subject to all Part
  265 requirements and applicable
  enforcement authorities, including
  RCRA section 3008(h) corrective action
  orders.
    b. Corrective Action. The Agency is
 . proposing slightly different triggers for
  corrective action requirements for
  interim status  units than for permitted
  units. For interim status facilities that
  have not yet established a ground-water
  protection standard, the Agency is
  proposing that'the .corrective action

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Federal Register V
                                                                            :! 1988
                                                                                                               20753
  requirements.in § 265.113(e) be triggered
  by a statistically significant increase in
  hazardous constituents over background
  levels or decrease in pH over  -,
  background levfels. The Agency-has
  chosen background as the baseline to
  measure the presence of a release to
  ensure that interim status
  impoundments that do not satisfy liner
  and leachate collection system
  requirements and wish to delay closure
  to receive only nori-hazarp'us wastes
  remain protective of human health  and
  the environment. This approach is
  consistent with the current triggers in
  Part 265, Subpart F for implementing the
  ground-water quality assessment plan. '
    Interim status impoundments that do
 .riot meet the liner and leachate
  collection system requirements and do
  not remove  hazardous .wastes will be
 .allowed to remain open to receive only
  non-hazardous waste if no statistically
  significant increase in contamination
  above .background levels (or decrease in
  pH levels) as specified in accordance
  with Subpart F has been detected. If
  background levels are exceeded at  any
  time after the request to defer closure
.  has been granted, the owner or operator
  of a disposal impoundment that does not
  satisfy the liner and leachate collection
  system requirements must initiate
  closure of the unit in accordance with
  the approved closure plan. Similarly,
 (impoundments not in compliance with
 liner and leachate collection system
 requirements that remove hazardous
 wastes prior to  receiving only non-
 hazardous wastes are subject to
 accelerated  corrective action
 requirements consistent with the Part
 *284 requirements described above.
 Again, as discussed earlier, these
 corrective measures requirements are in
 addition to requirements in Subpart F or
 those included in a RCRA section
 3008(h) corrective action order.
    c. Applicability to New Interim Status
 Units. The requirements in today's
 proposal also apply to owners or
 operators of units that receive interim
 status as a result of new regulations
 (e.g., additional listings of hazardous
 wastes). For example, HSWA section
 3C95(|) requires  that surface
 impoundments'that receive interim
 status after November 8,1984, because
 of new regulations, such as the
 promulgation of additional listings or
 characteristics for the identification of
 hazardous wastes, must satisfy the
 MTRs within four years of the
 promulgation that subjected the unit to
 RCRA Subtitle C. These owners or
 operators will be given sufficient notice -
 that they will become subject to Subtitle
 C requirements; therefore requiring that
                       the Part B application be submitted no
                       later than 180 days prior to the final
                       receipt of hazardous wastes'as a
                       condition of delaying closure to'receive
                       only non-hazardous waste should not
                       impose an undue burden. •  '.'...

                       2. Other Conforming Changes to Parts
                       264 and 265

                        The Agency is proposing a conforming
                       change to §§264.13 (a) and (b) and
                       265.13 (a) and (b) to require that the
                       waste analysis plan be revised to
                       account for the presence of any non-
                       hazardous wastes managed pursuant to
                       §§ 264.113 (d) and (e) and 265.113 (d)  •
                       and (e). Today's rule also revises
                       § § 264.142(a} (3) and (4) and 265.142(a) '
                       (3) and (4) to specify that an owner or
                      operator may not account for salvage
                      value or incorporate a zero cost in the
                      closure .cost estimate for handling non-
                      hazardous waste at closure, consistent
                      with the current limitations in §§264.142
                      and 265.142 for hazardous wastes.

                      V..State Authorization

                      A. Applicability of Rules in Authorized
                      States'

                       , Under section 3006 of RCRA, EPA
                      may authorize qualified States to
                      administer and enforce the RCRA
                      program within the State. (See 40 CFR
                      Part 271 for the standards and
                      requirements for authorization.)
                      Following authorization, EPA retains
                      enforcement authority under RCRA • .
                      sections 3008, 7003rand 3013, although
                      authorized States have primary
                      enforcement responsibility.
                      .  Prior to HSWA, a State with final
                      authorization administered its
                      hazardous waste program entirely in
                      lieu of EPA administering the Federal
                      program in that State. The Federal
                      requirements no longer applied in the
                      authorized State, and EPA could not
                      issue permits for any facilities in a State
                      where the State was authorized to
                      permit. When new, more stringent
                      Federal requirements were promulgated
                      or enacted, the State was obligated to
                      enact equivalent authority within
                      specified time frames. New Federal
                      requirements did not take effect in an
                      authorized State until the State'adopted
                      the requirements as State law.
                       In contrast, undsr section 30C3f-»l of
                      RCRA, 42 U.S.C. 6928(2), new
                      requirements and prohibitions imposed
                      by the HSWA take effect in authorized
                      States at the same time that they take
                      effect in non-authorized States. EPA is
                      directed to carry out those requirements
                      and prohibitions in authorized States,
                     including the issuance of permits, until
                      the State is granted authorization to do
                     so. While States must still adopt
  HSWA-related provisions as State law
  to retain final authorization, the HSWA
  requirements and prohibitions apply in
  authorized States in the interim.

 ' •#. Effect of Proposed Rule, on State
  Authorizations                \

    Today's rule proposes standards that
  would not be effective in authorized
  States since the requirements would not
  be imposed'pursuant to HSWA. Thus,
  the requirements will be-applicable only.
  In those States that do not have interim
  or final authorization. In authorized
  States, the requirements will not be
  applicable until the .State revises its
  program to adopt equivalent
  requirements under State law.
    In general. 40 CFR 271.21(e)(2)
  requires States that have final
  authorization to modify their programs
  to reflect Federal program changes and
  to subsequently submit the
  modifications to EPA for approval. It
  should be noted, however, that
  authorized States are only required to
  modify their programs when EPA
  promulgates Federal standards that are
  more stringent or broader in scope ihr.n
.__ the existing Federal standards. Sectiotr
 "3009 of RCRA allows States to impose—'
  standards more stringent than those in
  the Federal program. For those Federal
  program changes that are less stringent
  or reduce the scope of the Federal
•  program. States are not required to.
;  modify their programs.  See 40 CFR
 271.1(i). The standards proposed today
 are less stringent than or reduce'the
.. scope, of the existing Federal.
 requirements. Therefore, authorized
 States would not be required to modify
 their programs to adopt requirements
 equivalent or substantially equivalent to
 the provisions listed above. If the State
 does modify its program, EPA must
 approve the modification for the State
 requirements to become Subtitle C
 RCRA requirements. States should
 follow the deadlines of 40 CFR
 271.21(e){2) if they desire to adopt this
 less stringent requirement.
 VI. Executive Order 12231

   This regulation was submitted to the
 Office of Management and Budget for
 review as required by Executive  Ordar
 12291. The regulatory amendments beir^
 proposed today ara designed to reduce
 the burden of the RCRA regulations and
 are not likely to result in a significant
 increase in costs. Thus, this proposal is
 not a major rule; no Regulatory Impact
 Analysis has been prepared.'
 VII. Paperwork Reduction Act
   The information collection
 requirements contained  in this rale have

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20756
                ~S:  ,.-.v  .-..<..•..,.. -r   ...
              - -i federal Register / '
16a:/--'Moniky;' June"; 6F1988 ••'/•' Pro"pbs6d;"Rules :. •'-'••'.-'v
 been submitted to the Office of
 Management and Budget (OMB) under
 the provisions of the Paperwork
 Reduction Act of 1980 (44 U.S.C. 3501 et
 seg,\. Comments on these requirements  •
 should be submitted to the Office of
 Information and Regulatory Affairs,
 OMB, 726 Jackson Place, NW.,
 Washington, DC 20608, marked:
 Attention—Desk Officer for EPA.
 Should EPA promulgate a final rule, the
 Agency will respond to comments by .
 OMB or the public regarding the.   ; . •
 information,collectiori provisions of .this
 rule.             .-•  1  -..'-.•

 VIII. Regulatory Flexibility Act

  Under the Regulatory Flexibility Act
 of 1980 (5 U.S.C. 801 et seg.), Federal
 agoncie's must, in developing
 regulations, analyze their impact'on •
 small entities (small businesses, small
 government jurisdictions, and small'
 organizations). The amendments '.. \
 proposed today are more flexible than
 the existing regulations and thus result
 in no additional costs. The viability of
 small entities, thereby, should not be ,
 adversely affected.
  Accordingly, I certify that this
 regulation will not have a significant
 impact on a substantial number of small
 entities.

 List of Subjects            •        •

 40 CFR Part 264        :. ~.        '

  Hazardous waste. Insurance,     •' ,.
 Packaging and containers, Reporting
 and recordkeeping requirements, J .  .r
 Security measures, Surety bonds. .

 40CFRPart 265     .     •    ;  • >;

  Hazardous waste. Insurance,
 Packaging and containers. Reporting
 and recordkeeping requirements.. ,
 Security measures. Surety bonds. Water
 supply.,• ;.-,                 .., ...

 JOCFRPartZTO           u'v  "

  Administrative practice and
 procedure. Confidential business
 information. Hazardous materials
 transportation, Hazardous waste,
 Reporting  and recordkeeping
 requirements. Water pollution control.
 Water supply.
  Dated: May 27.1988.
Leo M. Thomas.
Administrator.
  For the reasons set out in the
preamble, it is proposed that 40 CFR .
Chapter I be amended as follows:
                                       PART 264-lSTANDARDS FOR
                                       OWNERS AND OPERATORS OF
                                       HAZARDOUS WASTE TREATMENT,
                                      '[STORAGE, AND DISPOSAL   ''*••'• •
                                     \'FACILITIES; V  i              .

                                      •'  1. The authority citation for Part 26,4
                                       continues to' read as follows:
                                         Authority: Sections 1006, 2002(a), 3004, and
                                      .3005 of the Solid Waste Disposal Act. as
                                       amended by the Resource Conservation and  .
                                       Recovery Act -of 1978, as amended (42 U.S.C.
                                       6905,6912(a),?9924, and 6925.    :  . ..
                                     "  ' 2."Ih' § 264:i3-paragraphs (aj'fl), (a)(3)
                                       introductory text, (a)(3)(i), and (b)(lj are
                                      'revised to read as follows:  .      '"  '

                                       §•264.13-  General waste analysis.
                                       ;  (a)(l) Before an owner or operator   -
                                      ' treats,, stores, or disposes of any
                                      •hazardous wastes, or non-hazardous
                                       wastes if applicable under § 264.113(d),
                                       he must obtain a detailed chemical and
                                      . physical analysis of a representative.
                                       sample of the wastes.    • .      •    •
                                       *•.•,*     *     *   *
                                     ,   , (3) The analysis must be repeated as
                                       necessary to ensure that it is accurate
                                       and up-to-date. At a minimum, the '
                                       analysis must be repeated:
                                         (i}'When the owner or-operator is  •
                                       notified, br has reason to believe, that
                                       the process or operation generating the
                                       hazardous wastes or non-hazardous
                                       wastes if applicable under § 264.113(d)
                                      has changed; and  '  .    .'„.'•
                                        ' (1) The par'ame'ters -for-which each
                                       hazardous; waste or non-hazardous
                                       waste if applicable under §.264.113(d)
                                       will be analyzed and the rationale for
                                       the selection of these parameters (Le.,
                                       how analysis'for these parameters will
                                       provide sufficient information on the
                                      '' waste's properties to comply with
                                       paragraph (a) of this section);  •
                                       *   *   *     **..         .
                                        • 3. In § 264:112, paragraph (d){2) is'
                                       revised to read as follows:

                                       § 264.112  Closure plan; amendment of
                                       plan.          •  .
                                         (2) The date when he "expects to
                                       begin closure" must be either:
                                         (i) No later than 30 days after the date
                                       on which any hazardous waste
                                       management unit receives the known
                                       final volume, of hazardous wastes, or if
                                       there is a reasonable possibility that the
                                       hazardous waste management unit will
                                       receive additional hazardous wastes, ho
                                       later than one year after the date on
                                       which the unit received the most recent
                                       volume, of hazardous wastes. If the
                                       owner or operator of a hazardous waste
                            management unit can demonstrate -to the ,
                            Regional Administrator that the  .
                            hazardous waste management unit or •
                            facility, has' the capacity to receive (
                            additionai.hazardpiis.wastes arid h6 has
                           - taken all steps to prevent threats to
                            human health and the environment,
                            including compliance with all applicable
                            permit requirements, the Regional
                            Administrator may approve an
                            extension to this one-ye.ar limit; or
                             • (ii) For units meeting the requirements
                            of § 264.113(d), no later  than 30 days  .
                            after the date on- which  the hazardous .
                            .waste management unit receives the   .
                            known final volume of non-hazardous
                            wastes,-or if there is a reasonable •
                           • possibility that the hazardous waste
                            management unit will receive additional
                            non-hazardous wastes, no later than one
                            year after the date on which the unit
                            received the most recent volume ,of non-
                            hazardous wastes. If the owner or
                            operator-can demonstrate to the
                            Regional Administrator that the
                            hazardous waste management unit has
                            the capacity to receive additional non-
                            hazardous-wastes and he has taken, and
                            will continue to take, all stegs to prevent
                            threats-to hu'man heaith_and the
                            environment, including compliance with
                            all applicable permit requirements, the
                            Regional Administrator  may approve an
                            extension to this one-year limit.
                            *    *    *'    *    *
                              '4. Section 264.113 is amended by
                            revising paragraphs  (a) introductory
                            text. (a3(l)pi)(A), (b) introductory text
                            (b)(l)(ii)(A3, arid (c) and adding (d) and
                            (e) to'read as follows:      ;

                            §264.'113 Closure; time allowed for
                            closure.    .-,-••
                              (a) Within 90 days after receiving the
                            final volume of hazardous wastes, or the
                            final volume of non-hazardous wastes if
                            the owner or operator complies with all
                           . applicable requirements in paragraphs
                            (d) and (e) of this section, at a
                            hazardous waste management  unit or   •
                            facility, the owner or operator must
                            treat, remove from the unit or facility, or
                            dispose of on-site, all hazardous wastes
                            in accordance with the approved closure
                            plan. The Regional Administrator may
                            approve a longer period if the owner or
                            operator complies with all applicable
                            requirements for requesting a
                            modification to the permit and
                            demonstrates that:
                              (1)V*  *
                              {ii')(A) The hazardous  waste
                            management unit or facility has the
                            capacity to receive additional hazardous
                            wastes or non-hazardous wastes if the  •
                            owner or opera'tor complies with

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                  Federal Register / Vol, 53. No. 108 /. .tyonday. Junk 6.1988 /Proposed Rules
                                                                        20757
- paragraphs' (d} and (e) of this section;
 and   .-•'•'•           "
 *    *.   *.;*''   »'•'.•....-.
   (b) The owner or opera tor must ' •
 •complete partial and.final closure
 activities in accordance with the
 approved closure plan and within 180
 days afterreceiving the final volume of
 hazardous wastes, or the final volume of
 non-hazardous1 wastes if the owner or
 operator complies.with. all'applicable
 requirements in paragraphs (d) and (e)
 of this-section, at the hazardous waste
 management unit or facility. The
 Regional Administrator may approve ah
 extension to the closure period if the
 owner'or operator complies with all
 applicable requirements for requesting a
 modification to the permit and
 demonstrates that:
   W,* * *                '   ~   '
   (ii)(A) The .hazardous waste
 management unit or facility has the
 capacity to receive additional hazardous
 wastes or hqri-hazardous wastes if the
 owner or operator complies with
 paragraphs (d) arid (e) of this section;
 and        ':'"
 *.*'+"**    *
   (c) The demonstrations referred to in
 paragraphs fa)(lj.and,'(b)(l) of this
 section must be made as follows: (1) The
 demonstrations in paragraph (a)(l) of
 this section must be made at least 30
 days prior to the expiration of the 90-
 day period in paragraph (a) of this
 section; and (2) the demonstration in
 paragraph {b)(l) of this section must be
 made at least.30 days prior to the .
 expiration of the 180-day period in..  - '.
 paragraph (b) of this section, unless the
 owner or operator is otherwise subject
 to the  deadlines in paragraph'(d) of this
 section.     :    • /        .    '   .
   (d) The Regional Administrator may
 allow  an owner, or operator to receive
 only non-hazardous wastes in a landfill
 or surface impoundment unit after the
 final receipt of. hazardous wastes at that
 unit if:
 .  (1) The owner or operator requests a
 permit modification in compliance with
 all applicable requirements in Parts 270
 and 124 of this title and in the permit
 modification request demonstrates that:
   (i) The unithas the existing design
 capacity as  indicated on the Part A
 application  to receive non-hazardous
 wastes; and         l
 _ (ii) There  is a reasonable likelihood
 lhat the owner or operator or another
 person will racaive non-hazardous
 wastes in the unit within one .year after
 the final receipt of hazardous wastes;
 and
  (iii) The nori-hasardous wastes will
'not be incompatible with any remaining
 wastes in-.the unit, or with the facility
  design and operating requirements of
  the unit or facility under this Part; and
    (iv) Closure of the hazardous waste
.  management'unit would be incompatible
  with continued operation of the unit or
  facility; and'  •'.  -       '•:> ..! ''•' I  "  •
   .(v) The owner or operator is operating
  and will continue to1 operate in
  compliance with all applicable permit
  requirements; and
    (2) The request to modify the permit
  includes an amended waste analysis
  plan, ground-water monitoring and"
  response program, and closure and post-
  closure plans, and updated cost
  estimates and demonstrations of
  financial assurance for closure and post-
  closure care as necessary to reflect any
  changes due to the presence of
  hazardous constituents in the non-
  hazardous wastes, and changes in
  closure activities, including the expected
  year of closure if applicable under"
  § 2S4.112(b](7), as a result of the'reeeipf
  of nori-hazardous wastes following the
  final receipt of hazardous wastes; and :
  . (3) The request to modify the permit
  and the demonstrations referred to in
  paragraph (d){l) and (d)(2) of this
  section are submitted to the Regional
  Administrator no later than 120 days
  prior to the date on which, the owner or
  operator of the facility receives the
  known final volume of hazardous
  wastes at the unit, or no later than 90
  days after Federal Register notice of this
 regulation, whichever is later; and
   (4) The request to modify the permit is
 accompanied by the human, exposure
 assessment required undar RCRA -•-
 section 3019, and the Regional
• Administrator does not determine,
 based on this information or information-
 from other sources, that the unit poses a
 substantial risk to Human health and the
 environment; and
  . (5) The request to modify the permit
 includes revisions, as appropriate, to
 affected conditions of the permit to
 account for the management of only
 non-hazardous wastes in a unit which
 previously managed hazardous wastes.
   (e) In addition to the requirements  in
 paragraph (d) of this section, an owner
 or operator of a hazardous waste
 surface impoundment that is not in
 compliance with the liner and loachaU'
 collection system requirements in 42
 U.S.C. 3C04foKl) and:3G05(ij(l} or 42
 U.S.C. 3004(o) (2) or (3) or 3005(jj (2),  (3),
 (4] or (13) must:
   (1) Submit with the request to modify
 the permit:
   (ij A contingent corrective measures
 plan, unless a corrective action plan has
 already been submitted under § 204.99;
 and
   (ii) A plan for demonstrating
 compliance with one of the options
  described in paragraphs (e)(2) and (e}{3)
  of this section; and
   (2) Remove all hazardous wastes from
  the unit by either:          "        .-_ -
 '•.:' (i) ReijnoVjing all  hazardous liquids,'   i
Vahdremjoving all hazardous sludges to
  the extent practicable without impairing
  the integrity of the liner(s); or
   (ii) Where removal in accordance with
  paragraph (e)(2)(i)  of this section is
  infeasible or impracticable, displacing at
  least 95 percent of the liquid and
  suspended solid hazardous wastes (as
  measured volumetrically) by flushing
  with non-hazardous wastes, removing
 . all hazardous sludges to the extent
  practicable without impairing the
  integrity of the liner(s), if applicable,
  and demonstrating that the liquids and
  suspended solids remaining in the unit
  do not exhibit a characteristic of  .
  hazardous waste identified in Subpart C
  of Part 261; or
   (3) Leave the hazardous wastes in
  place following the final receipt of
  hazardous wastes.and comply with.the
  requirements in paragraph (e)(3).of this
  section if a release is detected" that is a
  statistically significant increase over
  background values for detection
  monitoring parameters or constituents
  specified in the permit, or exceeds tiie
  facility's ground-water protection
  standard at the point of compliance, if
  applicable, as specified under Subpart F
  of this part.
   (4) The activities referred to in
  paragraph (e){2) of this section must be
  completed as follows:.
   (i) For units meeting the requirements
  of paragraph (e)(2)(i)  of this section, no
  later than 90 days after the final receipt
  of hazardous- wastes; or
   (ii) For units meeting the requirement
  of paragraph (e)(2)(ii) of this section, the
 process of displacing and removing the
 hazardous wastes must begin no later
  than 15 days after the final receipt of
 hazardous wastes and be completed no
 later than 90 days after the final receipt
 of hazardous wastes.
   (iii) The Regional Administrator may
 approve an extension to the deadlines in
 paragraph (e)(4)(i) or  (ii} of. this section i?
 the owner or operator demonstrates that
 the removal or displacement of
 hazardous wastss will, of necessity,
 Jaka longer than iht> ailcritsd periods}  to
 complete and ihat an  extension will not
 pose a threat to human health and the
 environment.
   (5) If a  release that  is a statistically
 significant increase over background
 values for'detection monitoring
 parameters or cohstitutents specified in
 the permit or that exceeds the facility's
 ground-water protection,standard at the
 point of.compliance, if applicable,;has

-------
  20758
i-Fedetal.Register / Vbri'.53y 'No. 108^
                            yJuHd #  I98S /Proposed Rules
 xbeen detected in accordance with the
  requirements in Subpart F of this part
  prior to the final receipt of hazardous
  wastes at a surface impoundment.
  subject to the requirements in paragraph
  (e)(2)(i) of this section, the owner or
  operator'must cease the receipt of all
  wastes at the unit until corrective action
  measures in accordance with an
  approved contingent corrective    •
  measures plan required by paragraph
  (e)(l) of this section have been   . ;;
  implemented..       . -      ....  -:--,
    (6} If a release that is a statistically
  significant increase over background  '
 .values for detection monitoring
  parameters or constituents specified in
  the permit or that exceeds the facility's
  ground-water protection standard at the
  point of compliance, if applicable, has
  been detected in accordance with the
  requirements in Subpart F of this part
  prior to the final receipt of hazardous     .
  wastes at a surface impoundment
  subject to the requirements in paragraph
'  (e)(2)(U) of this section, the owner or .
  operator must cease the receipt of all
  wastes following the displacement of
  hazardous wastes as specified in
  paragraphs (e)(2)(ii) and (e)(4)(ii) of  this
  section until corrective action measures
  in accordance with the approved
  contingent corrective measures plan
 required in paragraph [e)(l) of this
 section have been implemented.
   (7) If a release that is a statistically
 significant increase over background-
 values for detection monitoring
 parameters or constituents specified in •
 the permit or that exceeds the facility's.
 ground-water protection standard at the;,
 point of compliance, if applicable, is-
 detected in accordance with the       •.   .
 requirements in Subpart F of this part,
 after the final receipt of hazardous
 wastes at-a surface impoundment -. -.-
 subject to the requirements in paragraph ,
 (e}(2) otthis section; the owner or
 operator of the unit, must implement  ''
 corrective action measures in
 accordance with the approved
 contingent corrective measures plan
 required by paragraph (e)(l) of this   .
 section noJater than one year after
 detection of the release, or approval  of
 the contingent corrective measures plan.
 •whichever is later. The Regional
 Administrator may require the owner or
 operator to implement corrective
 measures in less than one year or to
 cease the receipt of wastes until
 corrective measures have been
 implemented if necessary to protect
•human health and the environment.
   (8) If a release that is a statistically
 significant increase over background- -
 values for detection monitoring
 parameters or constituents specified  in   •
  the permit or that exceeds the facility's
  grounoVwater protection standard at the
  point of compliance,.if applicable, is-
  detected in accordance with the
  requirements of .Subpart F of this pdrt.at
 •a surface impoundment  subject to tfie'
  requirements in paragraph (e)(3) of this
  section, thejowner or operator must  .
.  conduct corrective action in accordance
  with the requirements' in Subpart Fof
  this part and-begin closure of the unit no
  laterthan:3p"days after the detection of
 •the'release in accordance.with the  •
  approved, closure plan and the "deadlines
;'in paragraphs (a) and (b) of this section.
   (9) During the period of corrective
  action, the owner or operator shall
  provide semi-annual reports to the
  Regional Administrator  that describe
  the progress of the corrective action
  program, compile all ground-water
  monitoring data,, and evaluate the effect
.  of the continued receip|t  of non-    • '
• hazardous wastes on the effectiveness
.of the corrective action.    -  •-•
   (10) The Regional Administrator may
 require the owner or operator of a
 surface impoundment subject to the
 requirements in paragraph (e)(2) of this
 section to commence closure of the unit
 if the ownerjor operator  fails to make
 substantial progress in implementing
 corrective action and achieving the
 facility's ground-water protection
 standard or background  levels if the
 facility has not yet established a ground-,
.water protection standard.   .   . • -
  -. (11) If the Regional Administrator  .
 determines that substantial progress has
•not been made .pursuant  to paragraph
 (e)(ib) of this section he shall:        *
-.  '- (i) Notify the owner or operator in
 writing that substantial progress has not
 been made and he-must begin closure in
 accordance with the deadlines in -
 paragraphs (a) and (b) of this, section
.and provide a detailed statement of
• reasons-for this determination, and
   (ii) Provide the owner or operator and
 the public, through a newspaper notice,'
 the opportunity to submit written
 comments on the decision no later than
20 days after the date of  the notice.
   (iii) If the Regional Administrator
receives no written comments, the
decision will become final five days
after the close of the comment period.
The Regional Administrator will notify
the owner or operator that the decision
is final, and that a revised closure plan..
if necessary, I must be submitted within
15 days of the final notice and that  ' •
closure must begin in accordance with
the deadlines in paragraphs (a) and (b) •
of this sectioh.  •  : •
  (iv) If the Regional Administrator
receives  written comments on the   "
decision, he shall make a final decision
                                                               within 30 days after the end of the
                                                               comment period, and provide the owner
                                                               or operator in writing and the public
                                                               thrpugh'a newspaper notice.'.a detailed
                                                              . statement1 of "reasons for the'-final
                                                              ' decision. If the Regional Administrator
                                                               determines-that'substantial progress has
                                                               not been made; closure must be initiated
                                                              •in accordance with the deadlines in
                                                               paragraphs (a)-and (b) of this section.
                                                               ••• (v) The final determinations made by
                                                               the Regional Administrator under
                                                               paragraphs (d)(ll) (iii) and (iv) of this
                                                               section are not subject to administrative
                                                               appeal.  •    •  -
                                                                 5. In §'284.142; paragraphs (a)(3) and
                                                               (a)(4) are revised to read'as follows;

                                                               § 264.142 '-Cost estimate for closure.
                                                                 (a) * ' *  •
                                                                 (3j The closure cost estimate may nol
                                                               incorporate any salvage value that may
                                                               be realized with the sale of hazardous
                                                               wastes, or non-hazardous wastes-if
                                                               applicable under § 264.113(d),'facility
                                                               structures or equipment,  land, or other
                                                               assets associated with the facility at the1
                                                               time of partial or final closure.
                                                                 (4) The owner or operator may not
                                                               incorporate a zero cost for hazardous
                                                               wastes, or non-hazardous wastes if
                                                               applicable under § 264,-113{d), that might
                                                               have economic value.
                                                               PART 2SS—JNTERIM STATUS
                                                              ; STANDARDS FOR OWNERS AND
                                                               OPERATORS OF HAZARDOUS WASTE
                                                               TREATMENT, STORAGE, AND
                                                               DISPOSAL FACILITIES

                                                                6. The authority citation for Part 265
                                                               continues to read as follows:
                                                              . • Authority: Section 1006, 2002(a). 3004, 3005.
                                                               and 3015 of-the Solid Waste Disposal Act, as
                                                              . amended by the Resource Conservation and
                                                               Recovery Act of 1976, as amended (42 U.S.C.
                                                               6905. 6912(a), 6924, 6925, and 6935).   .
                                                                7. In § 265.13,.paragraphs (a)(l), (a}{3)
                                                               introductory, text, {a}(3){ij, and (b)(l) are
                                                               revised to-read as follows:     •   •

                                                               § 265.13  Genera! v/aste analysis.
                                                                (a)(l) Before an owner or operator
                                                               treats, stores or disposes of any
                                                               hazardous wastes, or non-hazardous
                                                               wastes if applicable under § 265.113(d).
                                                               ho must obtain a detailed chemical and
                                                               physical analysis of a representative
                                                               sample of the wastes.
                                                               *    t    *    *    »
                                                                (3) The analysis must be repeated as
                                                               necessary to ensure that it is accurate
                                                               and up-to-date. At a minimum, the
                                                               analysis must be repeated:
                                                                (i) When the owner or operator is '
                                                              notified, or has reason to believe, that
                                                               the process or operation generating the

-------
                            * J"ne
                                                                                  / Proposed Rules
                                '20759
 hazardous wastes or .non-hazardous-
 wastes" if applicable under § 265.113(d.)
 has changed; and
 *****
   (b)*
   (1) The parameters for which each •
 hazardous waste or non-hazardous
 waste if applicable under § 265.113(d)'-
 will be analyzed and the rationale for ,
 the selection ,of these parameters (i.e.,
 how analysis for these parameters will
 provide sufficient information on the
 waste's properties to comply with
 paragraph (a) of this section);
 *    *    *    *     *
   8. In §. 265.112, paragraph (d)(2) is
 revised to read as follows:

 § 265.112  Closure pianr amendment of
 plan.
 *    *     * '  *     *
   (d)***
   (2) The date when he "expects to
'begin closure" must be either:
   (i) Within 30 days after the date on
 which any hazardous waste
 management unit receives the known
 final volume of hazardous wastes or, if
 there is a reasonable possibility that the
 hazardous waste management unit will
 receive additional hazardous wastes', no
 later than one year after the date on
 which the unit received the-most recent
 volume of hazardous wastes. If the
 owner or operator of a hazardous waste
 management unit can demonstrate to the
 Regional Administrator that the
 hazardous waste management unit or
 facility has the capacity to receive
 additional hazardous wastes and he has-
taken, and will continue to .take, all
 steps to prevent threats to human health
 and the environment, including   *   ''
 compliance with all applicable interim
status requirements, the Regional
Administrator may approve an
extension to this one-year limit; or
  (ii) For units meeting the requirements
of § 265.113(d], no later than 30 days
after the date on which the hazardous
waste management unit receives  the
known final volume of non-hazardous
wastes, or if there is a reasonable
possibility that the hazardous waste
management Unit will receive additional
non-hasardous.wastes, no later than one
year after the date on which the unit '
received the most recent volume of non-
hazardous wastes. If the onwer or
operator can demonstrate to the
Regional Administrator that the
hazardous waste management unit has
the capacity to receive additional non-
hazardous wastes and he has taken, and
will continue to take, all steps to prevent
threats to human health and the
environment, including compliance with
all applicable jinterim status
requirements, the Regional.
  Administrator may approve an
  extension to this one-year limit.
  ***•*'-..*
    9. Section 265.113 is amended by
  revising paragraphs {a] -introductory,
  text, (a)(l)(ii3(A), (b) introductory text,
  (b)(lJ(iiKA), and (c) and adding (dj and
  (e) to road as follows:

  §265.113  Closure; time allowed for
  closure.
  • (a) Within 90 days after receiving the
  final volume of hazardous wastes, or the
  final volume of non-hazardous wastes if
  the owner or operator complies with all
  applicable requirements in paragraphs
  (d) and (e) of this section, at a
  hazardous waste management unit or
  facility, or within 90 days after approval •
  of the closure plan, whichever is later,
  the owner or operator must treat,
  remove from the unit or facility, or
  dispose of on-site,  all .hazardous wastes
  in accordance with the approved closure
  plan. The Regional Administrator may
  approve a longer period if the owner or
  operator demonstrates that:
    «,* * *   -           '•'•.-.
    (ii)(A) The hazardous waste
  management unit or facility has the
  capacity to receive additional hazardous
  wastes or non-hazardous wastes if the
  facility owner or operatoFcompiies with
  paragraphs (d) and (e) of this section;
  and
  *****
    (b) The owner or operator must
  complete partial and final closure
.  activities in  accordance with the
  approved closure plan and within 180
  days after receiving the final volume of
.  hazardous wastes,  or the final volume of
  non-hazardous wastes if the owner or
  operator complied with all applicable
 requirements in paragraphs (d)  and (e)
  of this section, at the hazardous waste
 management unit or facility, or 180 days
  after approval of the closure plan, if that
.is later. The  Regional Administrator may
 approve an extension to the closure
 period if the owner or operator         :
 demonstrates that:-
1   (I)***
   (ii3(AJ The hazardous waste
 management unit or facility has the
 capacity to receive  additional hazardous
 wastes or non-hazardous wastes if the
 facility owner or  operator complies with
paragraphs (d) and' (e) of this section;
 and
 *    *  '   *    *     *
   (c) The demonstrations referred to in
paragraphs (a)(l) and (b)[l) of this
section must be made as follows: (1) The
demonstrations in paragraph (a)(l) of
this section must be made at least 30
days prior to the expiration of the 90-  .
day period in paragraph (a] of this
  section; and (2) the demonstration in
  paragraph {b)(l} of this section must be
  made at least 30 days prior to the
  expiration of the 180-day period in
  paragraph (b) of this section, unless the
  owner or operator is otherwise subject •
  to the deadlines in paragraph (d) of this
  section.        •
   (d) The Regional Administrator may
  allow an owner or operator to receive
  only non-hazardous wastes in a landfill
  or surface impoundment unit after the
  final receipt of hazardous wastes at that
  unit if:
   (1) The owner or operator submits an
  amended Part B application, or a Part B
  application, if not previously required,
  and demonstrates that:
   (i) The unit has the existing design
  capacity as-indicated on the Part A
  application to receive non-hazardous
  wastes; and
   (ii]'There is.a reasonable likelihood
 •that the owner or operator or another
  person will receive non-hazardous
  wastes in the unit within one year after
  the final receipt of hazardous wastes;
 and         .  -
   (iii) The non-hazardous waste will not
 be incompatible with any remaining
 wastes in the unit or with the facility
 design and operating requirements of
 the unit or facility under this Pdrt; and '
   (iv) Closure of the hazardous waste
 management unit would be incompatible
 with continued operation of the unit or
 facility; and
   (v].The owner or operator'is operating
 and will continue to operate in
 compliance with all applicable interim
 status requirements; and
   (2) The Part B application includes an
 amended waste analysis plan, ground-
• water monitoring and response program,
 and closure and post-closure plans, and
 updated cost estimates and
 demonstrations of financial assurance
 for closure and post-closure care as
 necessary, to reflect any'changes due to
 the presence of hazardous constituents
 in the non-hazardous wastes,  and
 changes in closure activities, including
 the expected year of closure if
 applicable under § 265.112(b)f7), as a
 result of the receipt of non-hazardous
 wastes following the final receipt of
 hazardous  wastes; and
  (3) The Part B application snd the
 demonstrations referred to in paragraph
 (d)(l) and (d)(2) of this section are
 submitted to the Regional Administrator
no later than 180 days prior to the date
on which the facility owner or operator
receives the known final volume of
hazardous wastes, or no later than 90 •
days after Federal Register notice of this
regulation, whichever is later;  and

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 20760
Federal-Register / Vol. 53,' No. i08./.Mpndiay,,;J.une.'6,..19.83. / Proposed  Rules
   (4) The Part B application is
 accompanied by the human exposure
 assessment required under RCRA
 section 3019, and the Regional
 Administrator does not determine,
 based on this information or information
 from other sources^ that the unit pose's a
 substantial risk'to human health and the
 environment; and
   (5) The Part B application is amended,
 as appropriate, to account for the
 management of only non-hazardous
 wastes in a unit which previously
 managed hazardous wastes.
   (e) In addition to the requirements in
 paragraph (d) of this section, an owner
 or operator of a hazardous waste
 surface impoundment that is not in
 compliance with the liner and leachate
 collection systems requirements in 42
 V-S.C. 3Q04(o)(l) and 300S(j](l) or 42
 U.S.C. 3004 (o) (2) or (3) or 3005(j) (2), (3),
 (4) or (13) must:
   (1) Submit with" the Part B application:
   (i) A contingent corrective measures
 plan; and
   (ii) A plan for demonstrating
 compliance with one of the options
 described in paragraphs (e)(2) and (e)(3)
 of this section; and
   (2) Remove all hazardous wastes from
 the unit byeithen
   (i) Removing all hazardous liguids  and
 removing all hazardous sludges to the
. extent practicable without impairing the
 integriCy of the liner(s), if applicable; or
   (ii) Where removal in accordance with
 paragraph (e)(2)(i) of this section is
 infeasible or impracticable, displacing at
 least 95 percent of the liquid and
 suspended solid hazardous wastes (as .
 measured volumetrically) by flushing
 with non-hazardous wastes, removing
 all hazardous sludges to the extent
 practicable without impairing the
 integrity of the liner(s), if applicable,
 and demonstrating that the liquids and
 suspended solids remaining in the unit
 do not exhibit a characteristic of
 hazardous waste identified hi Subpart C
 of Part 281; or
    (3) Leave the hazardous wastes in
 place following the final receipt of
 hazardous wastes and comply with the
 requirements in paragraph (e)(3) of this
 section if a release from the unit is
 detected that is a statistically significant
 increase  (or decrease in the case'of pH)
 over background levels.
    (4) The activities referred to in
 paragraph (e)(2) of this seclion must be
 completed as follows:
    (i) For units meeting the requirements
 of paragraph (e)(2)(i) of this section,  no
 later than 90 days after the final receipt
 of hazardous wastes; or
    (ii) For units meeting the requirement
 of paragraph (e)(2)(ii) of this section, the
 process of displacing and removing the
                       hazardous wastes must begin no later
                       than 15 days after the final receipt of
                       hazardous wastes and be completed no
                       later than 90 days after the final receipt
                       of hazardous wastes. |      .       N,
                         (iii) The Regional Administrator may
                       approve an extension to the deadlines in
                       paragraph (e)(4) (i) or (ii) of this section
                       if the owner or operator demonstrates
                      . that the removal or displacement of
                       hazardous wastes will, -of necessity,
                       take longer than the allotted periods to
                       complete and that extension will not
                       pose a threat to human health and the
                      . environment.
                         (5) If a release that js a statistically
                       significant increase (or decrease in-the ,
                       case of pH) in hazardous constituents
                       over background levels has been
                       detected in accordance with the
                       requirements 'in Subpart F of this Part
                       prior to the final receipt of hazardous
                       wastes at a surface impoundment
                       subject to. the requirements in paragraph
                       (e)(2)(i) of this section; the owner or
                       operator must cease the receipt of all
                       wastes at the unit until corrective
                       measures in accordance with an
                       approved contingent corrective
                       measures plan required by paragraph
                       (e)(l) of this section have been
                       implemented.^-
                         (6) If a release that is a statistically
                       significant increase (or decrease in the
                       case of pH) in hazardous constituents
                       over background levels has been
                       detected in accordance with the
                       requirements in Subpart F of this part
                       prior to the final receipt of hazardous
                       wastes at a surface impoundment
                       subject to the; requirements ,in paragraph.
                       (e)(2)(ii) of this section, the owner or
                       operator must cease the receipt of all
                       wastes following the displacement of
                       hazardous wastes as specified in
                       paragraph (e)(2)(ii) of this section until .
                       corrective action measures hi
                       accordance with the approved
                       contingent corrective measures plan
                       required by paragraph (e)(l) of this
                       section have been implemented.
                         (7) If a release that is a statistically
                       significant increase (or decrease in the
                       case of pH) in hazardous constituents
                       over background levels is detected in
                       accordance with the requirements in
                       Subpart F on this part after the final
                       receipt of hazardous wastes at a surface
                       impoundment subject,to  the
                       requirements in paragraph (e](2) of this
                       section, the owner or operator of the
                       unit must implement corrective
                       measures in accordance with the
                       approved contingent corrective
                       measures plan required by paragraph
                       (e)(l) of this section no later than one .
                       year after detection of the release, or
                       approval of the contingent corrective
                       measures plan, whichever is later. The
' Regional Administrator may require the
 owner or operator to implement
 corrective measures in less than one
 year or to cease receipt of wastes until  .
 corrective measures have, been
 Implemented if necessary to protect
 human health and the environment.
   (8) If a release that is a statistically
 significant increase (or decrease in the
 case of pH) in hazardous constituents
 over background levels is detected in
 accordance with the requirements in
 Subpart F of this part at a surface
 impoundment.subject to the
 requirements in paragraph (e)(3) of this
 section, the owner or operator must
 conduct corrective action in accordance
 with the requirements in Subpart F of
 this part and begin closure of the unit no
 later than 30  days after the detection of
 the release in accordance with the
 approved closure plan and the deadlines
 in paragraphs (a) and (b) of this section.
   (9) During the period of corrective
 action, the owner or operator shall
 provide semi-annual reports to the
 Regional Administrator  that describe
 the progress of the corrective  action
 program, compile all ground-water
 monitoring data, and evaluate the effect
 of the  continued receipt of non-
 hazardous wastfis-on the effectiveness
 of the 'corrective action.
   (10}  The Regional Administrator may
 • require the owner or operator of a
 surface impoundment subject to the
 requirements in paragraph (e}(2) of this
 •section to commence-closure of the unit
 if the owner or operator fails to make
 substantial progress in implementing-
 corrective action and achieving the
 facility's background levels.
   (11)  If the Regional Administrator
 determines that substantial progress has
 not been made pursuant to paragraph
 (e)(10) of this section he shall
   (i) Notify the owner or operator in
 writing that substantial progress  has not
 been made and he must begin closure in
 accordance with the deadline hi
 paragraphs (a)  and (b) of this section
 and provide a detailed statement of
 reasons for this determination, and
    (ii) Provide the owner or operator and
 the public, through a newspaper notice,
 the opportunity to submit written
 comments or. the decision no later than
 20 days after the date^f the notice.
    (iii)  If the Regional Administrator
 receives no written comments, the
 decision will become final five days
 after the close of the comment period.
 The Regional Administrator -will  notify
 the ownsr or operator that the decision
 is final, and that a revised closure plan,
 if necessary, must be submitted within
 15 days of the final notice and that
 closure must begin in accordance with

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 I    .                                                   •     	                                  *,

 29760           FederalRegistey /VoL 53. No. iOS./.Monday,. June 8.. 1983 / Proposed Rules
   (4) The Part B application is
 accompanied by the human exposure
 assessment required under RCRA
 section 3019, and the Regional
 Administrator does jnot determine,  I    t
 based on this information or informajtion
 from other sources0 that the unit poses a
 substantial risk to human health and the
 environment; and
   (5) The Part B application is amended,
 as appropriate, to account for the
 management of only non-hazardous
 wastes in a unit which previously
 managed hazardous wastes.
   (e) In addition  to the requirements in
 paragraph (d); of this section, an owner
 or operator of a hazardous waste
 surface impoundment that is not in
 compliance with  the liner and leachate
 collection systems requirements in 42
 U.S.G. 3004(o){l)  and 3005{j)(lJ or 42
.U.S.C. 3004 (o) (2) or (3) or 3005(j) (2], (3),
 (4) or. (13) must:
   (1) Submit with the Part B application:
   (i) A contingent corrective measures
 plan; and
   (ii) A plan for demonstrating
 compliance with  one of the options
 describediin paragraphs (e){2) and (e){3)
 of this section; and
   (2) Remove all hazardous wastes from
 the unit by either:
   (i) Removing all hazardous liguids and
 removing all hazardous  sludges to the
 extent practicable without impairing the
 integrity ^f the liner(s), if applicable; or
   (ii) Where removal in accordance with
 paragraph (e}(2)(i) of this section is
 infeasible or impracticable, displacing at
 least 95 percent of the liquid and
 suspended solid hazardous wastes (as
 measured volumetrically) by flushing
 with non-hazardous wastes, removing
 all hazardous sludges to the extent
 practicable without impairing the
 integrity of the liner(s), if applicable,
 and  demonstrating that the liquids and
 suspended solids remaining in the unit
 do not exhibit a characteristic of
 hazardous waste  identified in Subpart C
 of Part 261; or
  (3) Leave the hazardous wastes in
place following the final receipt of
hazardous wastes and comply with the
 requirements in paragraph (e)(!3) of this
section if a release from the unit is
detected that is a  statistically significant
 increase (or decrease in  the casa of pH)
over background Scveis.
  (4) The activities referred to in
paragraph (e)(2) of this section must bs
completed as follows:
  (i)  For units meeting the requirements
of paragraph (e)(2)(i) of this section, no.
later than 90 days after the final receipt
of hazardous wastes; or
  (ii) For units meeting the requirement
of paragraph (e)(2)(ii) of this section, the
process of displacing and removing the.
 hazardous wastes must begin no later
 than IS days'after the final receipt of
 hazardous wastes and be completed no
 later than Sptilays after the final receipt
 of hazardous wastes.;    ;
   (iii) The Regional Administrator may
 approve an extension to the deadlines in
 paragraph (e)(4) (i) or (ii) of this section
 if the owner or operator demonstrates
. that the removal or displacement of
 hazardous wastes will, of necessity,
 take longer than the allotted periods  to
 complete and that extension will not
 pose a threat to human health and the
 environment.
   (5) If a release thatjs a statistically
 significant increase (or decrease in-the
 case of pH) in hazardous constituents
 over background levels has been  •
 detected in accordance with the
 requirements in Subpart F of this Part
 prior to the final receipt of hazardous
 wastes at a surface impoundment
 subject to. the requirements in paragraph
 (e)(2)(i) of this section/ the owner or
 operator must cease the receipt of all
 wastes at the unit until corrective
 measures in accordance with an
 approved contingent corrective
 measures plan required by-paragraph
 [e}(1] of this section have been
implemented.
  (6) If a release that is a statistically
 significant increase (or decrease in the
 case of pH) in hazardous constituents
over background levsls has been
detected in accordance with the
requirements in Subpart F of this part
prior to the final receipt of hazardous
wastes at a surface impoundment
subject to the requirements in paragraph
(e)(2)(ii) of this section, the owner or
operator must cease the receipt  of all
wastes following the displacement  of
hazardous wastes as specified in
paragraph (e)(2)(ii) of this section until
corrective action measures in
accordance with the approved
contingent corrective measures plan
required by paragraph (e)(l)  of this
section have been implemented.
  (7) If a release that is a statistically
significant increase (or decrease in  the
case of pH) in hazardous constituents
over background levels is detected in
accordance with the requirements in
Subpart F on this part after the final
receipt of hazardous wastes at a surface
impoundment subject tc the
requirements in paragraph (e)(2) of this
section, the owner or operator of the
unit must implement corrective
measures in accordance with the
approved contingent corrective
measures plan required by paragraph
(e)(l) of this section no later than one
year after detection of the release, or
approval of the contingent corrective
measures plan, whichever is later. The
  Regional Administrator may require the
  owner or operator to implement
  corrective measures in less than one
-  year or to  cease receipt of wastes until  ,
  corrective measures have been
  implemented if necessary to protect   .
  human health and the environment.
    (8) If a release that is a statistically
  significant increase (or decrease in the
  case of pH) in hazardous constituents
  over background levels is detected in
  accordance with the requirements in
  Subpart  F  of this part at a surface
  impoundment subject to the
  requirements in paragraph (e){3) of this
  section,  the owner or operator must
  conduct  corrective action in accordance
  with the requirements in Subpart F of
  this part and begin closure of the unit no
  later than 30 days after the detection  of
  the release in accordance with the
  approved closure plan'and the deadlines
  in paragraphs (a) and (b) of this section.
    (9) During the period of corrective
  action, the owner or operator shall
  provide semi-annual reports to the
  Regional Administrator that describe
  the progress of the corrective action
  program, compile all ground-water
  monitoring data, and evaluate the effect
  of the continued receipt of non-
_ hazardous  wastes on the effectiveness
  of the'corrective action.
   (jOj The  Regional Administrator may-
  require the owcer or operator of a
  surface impoundment subject to the
  requirements in paragraph (e](2) of this
  section to commence closure of the unit
  if the owner or operator fails to make
  substantial progress in implementing
  corrective action and achieving the
  facility's background levels.
   (11) If the Regional Administrator
  determines that substantial progress has
  not been made pursuant to paragraph
  (e)(10) of this section he shall
   (i) Notify the owner or operator in
  writing that substantial progress has not
  been made and he must begin closure in
  accordance with the deadline in
  paragraphs (a) and (b) of this section
  and provide a detailed statement of
  reasons for this determination, and
   (ii) Provide the owner or operator and
  the public, through a newspaper notice,
  the opportunity to submit written
 comments en the decision no later than
 20 days after the date of the notice.
   (iii) If the Regional Administrator
 receives no written comments, the
 decision will become final five -days
 after the close of the comment period.
 The Regional Administrator will notify
 the owner or operator that the decision
 is final, and that a revised closure plan,
 if necessary, must be submitted within
 15 days of the final notice and that
 closure must begin in accordance with

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Federal Register  /  Vol. 53, No.  108 / Monday.  June 6. 1988  / Proposed  Rules
                                                                                                                   20761
  the deadlines in paragraphs (a) and (b)
•  of this section.
    (iv) If the Regional Administrator
  receives written comments on the
  decision, he shall make a final decision
 , withirl 30 days after thb end of the
  comment,period, and provide the owner
  of operator in writing and the public
  through a newspaper notice, a detailed
  statement of reasons for the final
  decision. If the Regional Administrator
  determines that substantial progress has
  not been made, closure must be initiated
  in accordance with the deadlines in
  paragraphs (a) and (b)  of this section.
    (v) The final determinations made by
  the Regional Administrator under
  paragraphs (d)(il) (iii)  and (iv) of this
  section are not subject to administrative
  appeal.
    10. In § 265.142. paragraphs (a}(3) and
  (a)(4) are revised to read as follows:

  § 265.142  Cost estimate for closure.
    (a) « • *
                         (3) The closure cost estimate may not
                       incorporate any salvage value that may
                       be realized with the sale of hazardous
                       wastes, or nori-hazardous wastes if
                       applicable under § 255.113(d), facility
                       structures or equipment, land, or other
                       assets associated with the facility at the
                       time of partial ior final closure.
                         (4) The owner or operator may not
                       incorporate a zero cost for hazardous
                       'wastes, or non-hazardous wastes if
                       applicable under § 265.113(d), that might
                       have economic value.
                       *    *-     *;   | *    *

                       PART 270—EPA ADMif^STERED
                       PERMiT PROQRAPVJS: THE
                       HAZARDOUS WASTE PERM'cT
                       PROGRAM   i
                                     I
                         11. The authority citation for Part 270
                       continues to read as follows:
                         •Authority: Sections 1006. 2002.3005, 3007,
                       3019 and 7004 of the Solid Waste Disposal .
                       Act, as amended by the Resource
 Conservation and^gecovery Act of 1908, as
 'amended (42 U2?&'f>?05, 5912, 6925. 6939,
 and 6794).i,' jj'"pfe-jet.


:'             4pi|"  '.
   12. In § 270.4t';tli'i|j!ist of permit
 modifications ifj:9s!jppeRdix I.D.I is
 amended by adding the following:
           Modifications
                                 Ciass
0. Closure:
  1. Cfianges to'ihs closure plan:  "
(g) Extension of the Closure psrioa to ailovi
  a land/ill or surface impoundment u;.-it ;o
  receive non-iiazardous wastes s;:a,r !ina!
  receipt  of  hazardous  wastas ur.isr
  S§ 264.113W) and (e),...1	
 [FR Doc. 88-12530 Filed &-3-8S: 8:45 am]

 BILLING COCE eSSO-SO-M '

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