United States            Office of Solid Waste
             Environmental Protection      and Emergency Response        EPA/530-SW-89-007
             Agency                Washington DC 20460          August 1989

             Off ice of Solid Waste                                '
f/EPA
             Environmental
             DELAY OF CLOSURE PERIOD FOR
             HAZARDOUS WASTE FACILITIES
BACKGROUND

Prior to May 2. 1986. the Environmental Protection Agency (EPA)
required hazardous waste facilities to close after receiving their final
shipment of waste. On May 2, 1986. EPA amended this requirement to
require facilities to close after final receipt of hazardous waste. EPA
has now promulgated a regulation that would allow some units to
continue to receive non-hazardous waste after the final receipt of
hazardous waste to be managed in a manner that would protect
human health and the environment.

ACTION

Permitted and interim-status landfills, surface impoundments, and
land treatment units that are in compliance with applicable
requirements may be eligible to delay closure in order to receive  non-
hazardous wastes after their final receipt of hazardous waste.

   o Owners and operators of units that have already received
     their final volume of hazardous waste before the
     promulgation of this rule may delay closure if they request
     a permit modification within 90 days of the publication of
     this final rule in the Federal Register.

   o Owners and operators of permitted facilities who wish to
     delay closure must request a permit modification at least
     120 days before their final receipt of hazardous waste.

   o Owners and operators of interim-status facilities must
     submit an amended Part B application (or a Part B
     application if they have not submitted one already) at least
     180 days before their final receipt of hazardous waste.
                                                       Printed on Recycled Paper

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The permit modifications or amended Part B application must include:

   o  Demonstrations that the unit has the existing design capacity
      to manage non-hazardous waste and that the non-hazardous
      waste is not incompatible with any waste remaining in the unit.

   o  Updated facility information accounting for receipt of
      non-hazardous waste only. This information Includes the waste
      analysis plan, ground-water monitoring plan, closure and post
      closure plans and cost estimates, financial assurance
      demonstrations, and a human exposure assessment.

Owners and operators remaining open must also continue to comply with
all applicable Subtitle C permit requirements or interim-status require-
ments. When they close, they must do so in accordance with the ap-
proved closure plan and the regulations applicable to hazardous waste
management units.

Additional Requirements for Surface Impoundments

For surface Impoundments that (1) do not satisfy the double liner and
leachate and collection system requirements specified under the
Resource Conservation and Recovery Act or (2) have not received a
waiver from those requirements but wish to delay closure to receive non-
hazardous waste, the owners and operators must:

   o  Prepare and submit a contingent corrective measures plan with
      their request to modify their permit or Part B application; and

   o  Remove all hazardous liquids and sludges from the impoundment
      before receiving non-hazardous wastes.

CONTACT

For further information, or to order a copy of the Federal Register
notice, please call the RCRA Hotline Monday through Friday, 8:30 a.m. to
7:30 p.m. EST. Tlie national toll-free number is (800) 424-9346; in
Washington, D.C.. the number is (202) 382-3000.

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