v>EPA
United States
Environmental Protection
Agency
Off ice of Water &
Waste Management
Washington, D.C. 20460
SW - 902
December 1980
2d printing
January 1981
Solid Waste
Hazardous Waste
Closure and Postclosure
Requirements
A Summary of the Regulations
Standards
for Owners and Operators
of Hazardous Waste
Facilities
The Resource Conservation and Recovery Act of 1976 (RCRA) calls
for a national program to control hazardous waste. All wastes identified
as hazardous in the regulations issued under Subtitle C of RCRA are
tracked by manifests from where they originate to their final disposition
at a facility having authority from the U.S. Environmental Protection
Agency (EPA) or an authorized State to treat, store, or dispose of hazardous
waste. Regulations for carrying out RCRA are set forth in the Code
of Federal Regulations (40 CFR Parts 260 to 265 and 122 to 124). The
Federal hazardous waste program became effective November 19, 1980.
EPA's regulatory program contains standards for the owners and
operators of hazardous waste treatment, storage, or disposal facilities.
There are two types of standards: Interim Status, which must be complied
with by all facilities in Interim Status (those that are in existence, have
notified EPA, and applied for a permit) (Part 265); and General Standards,
which will be the basis for the issuance of permits over time to both
existing and new facilities (Part 264).
One portion of the EPA regulations covering owners and operators
of facilities that treat, store, or dispose of hazardous waste sets standards
for properly closing the facilities and for taking care of those facilities
involving disposal of hazardous waste in the land after they have closed.
The standards are intended to protect human health and the environment
by:
o minimizing the need for maintenance after a facility has been
closed
o controlling or eliminating the escape of hazardous waste or other
hazardous materials (for example, contaminated rainfall or waste
decomposition products) to ground or surface waters or the atmos-
phere
Most of the Interim Status Standards for closure and postclosure
care of all types of facilities became effective on November 19, 1980.
The General Standards were published in January 1981 and will be effective
in July 1981. The Interim Status and General Standards are substantively
similar, but differ in procedural and scheduling details. Specific types
of facilities (such as tanks and waste piles) may have to comply with
additional requirements specified in the regulations.
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Closure and Postclosure
Plans
Opportunity
for Comments
and Public Hearings
Approval/Modification
of Plans
This document summarizes the major features of the closure and
postclosure care regulations as they appeared in the Federal Register
in January 1981.
By May 19, 1981, the owner or operator of a hazardous waste manage-
ment facility must have a written closure plan; for those facilities disposing
of hazardous waste in the land, a postclosure plan is required. The plan
is submitted to EPA, or an authorized State, with the facility permit
application. Review and approval of closure and postclosure plans are
conducted as part of the permit issuance process (Part 124 of the hazardous
waste regulations). Copies of the approved plans must be kept at the
facility until closure is completed and certified.
The closure plan must identify steps necessary to partially or completely
close the facility, including:
o how and when the facility will be closed and a description of
the maximum extent of the operation and the way in which the
applicable closure requirements will be met. The expected year
of closure and a schedule for final closure must be included.
The schedule must also include the time required for closing
the facility and for tracking the progress of closure through intervening
activities.
o an estimate of the maximum amount of wastes in storage and
treatment during the life of the facility
o a description of decontamination procedures to be used during
closure
The postclosure plan for disposal facilities must identify the activities
to be carried on after closure and the frequency of these activities,
including:
o a description of planned ground-water monitoring activities
o a description of planned maintenance activities to ensure integrity
of the cap and final cover or other containment structures and
the function of facility monitoring equipment
o the name, address, and telephone number of a person or office
to contact during the postclosure care period
The owner or operator and the public are afforded an opportunity
to participate in the initial approval of the closure and postclosure plans
through the permitting procedure. Since the plans become part of the
permit, changes to them will be made and approved in the same manner
as permit modifications (Part 124 of the regulations). Existing facilities
on Interim Status that close prior to receiving a permit must submit
the plans to the EPA Regional Administrator at least 180 days before
closure for review and approval. Opportunity will be provided for public
comment at that time and a public hearing may be conducted.
The Regional Administrator has 90 days after receiving the closure
and postclosure plans within which to approve, modify, or disapprove
them. If the plans are not approved, the owner or operator has 30 days
to modify or submit new ones, and the Regional Administrator has 60
days to act on this new request.
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Postclosure Care
and Use of Property
Notice to Local
Land Authority
On closure of the facility, the owner or operator must assure that
all facility equipment and structures are properly disposed of or decontaminate
and must submit to the Regional Administrator a certification that
the facility was closed according to the approved closure plan.
Postclosure use of property on or in which hazardous waste remains
after closure must never disturb the integrity of the final cover, liners,
or any other components of the containment system or the functioning
of the monitoring systems unless the Regional Administrator finds that
the disturbance:
o is necessary to the proposed use of the property and will not
increase the potential hazard to human health or the environment,
or
o is necessary to reduce a threat to human health or the environment.
Postclosure care must continue for 30 years after the date of completing
closure and must consist of at least:
o ground-water monitoring and reporting, and
o maintenance of monitoring and waste containment systems.
During the 180-day period preceding closure or at any time thereafter,
the Regional Administrator may reduce the period of postclosure care
if he finds that the reduced period is sufficient to protect human health
and the environment.
Before the postclosure care period is due to expire, the Regional
Administrator may extend that period if he finds it does not protect
human health and the environment.
The Regional Administrator may require, at closure, continuation
of any of the security requirements during part or all of the postclosure
period when:
o wastes may remain exposed after closure is completed, or
o access by the public or domestic livestock may be hazardous
to human health.
Within 90 days after closure is completed, the owner or operator
of a hazardous waste disposal facility must submit to the local zoning
authority or the authority with jurisdiction over local land use and to
the Regional Administrator a survey plat that indicates the location
and dimensions of landfill cells or other disposal areas with respect
to permanently surveyed benchmarks. A professional land surveyor
must prepare and certify the plat. A note that states the owner's or
operator's obligation to restrict disturbance of the site must be prominently
displayed on this plat.
The owner or operator must also submit to the local authority and
to the Regional Administrator a record of the type, location, and quantity
of hazardous wastes disposed of within each cell or area of the facility.
In the case of wastes disposed of before these regulations were promulgated,
the owner or operator must identify, to the best of his knowledge and
in accordance with any records he has kept, the type, location, and quantity
of these wastes.
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Petitions for modification of the postclosure requirements or postclosure
period may be submitted by the owner or operator or the public at any
time the petitioner can present new and relevant information not previously
considered by the Regional Administrator. There will be opportunity
for written comments, and public hearings may be held to clarify issues
concerning the postclosure plan. If the Regional Administrator denies
the petition, he will send the petitioner a response in writing giving
the reason for the denial.
The Regional Administrator also has the discretion to modify the
closure and postclosure plan or the postclosure care period to prevent
threats to human health or the environment. Again, there will be opportunity
for written comments and a public hearing.
The regulation sets forth the grounds the Regional Administrator
will use in deciding whether to approve, disapprove, or modify the postclosure
plan or to modify a postclosure period. The decision is based upon relevant
environmental factors that must be included in the petition:
o evidence that postclosure care requirements are not necessary
or that the postclosure care period can be reduced from the current
specified period, or
o evidence that a requested extension of the postclosure care period
or alteration of postclosure care requirements is necessary to
prevent threats to human health or the environment.
Implementation The owner or operator must treat, dispose of on-site, or remove
Of Closure from the site all hazardous waste according to specifications in the
and POStclOSUre Plans facility's closure plan within 90 days of receiving the last waste.
Within 180 days after receiving the last waste, the owner or operator
must complete closure in accordance with the approved closure plan.
The Regional Administrator may increase both the 90-day and 180-day
periods if the owner or operator has taken steps to prevent threats to
human health and the environment and
o the required activities will, of necessity, take longer than the
specified time;
o the facility has the capacity for more waste or a person other
than the owner or operator will assume operation of the facility
and closure would be incompatible with these operations.
The owner or operator of an existing facility having Interim Status
must submit his closure plan and postclosure plan, when applicable,
to the Regional Administrator
o with Part B of the permit application when requested
o 180 days prior to beginning closure activities
o 15 days after termination of Interim Status
o 15 days after closure is ordered by judicial decree or RCRA enforcement
action
o when otherwise requested by the EPA
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Notice in Deed
to Property
Any changes in the type, location, or quantity of hazardous wastes
disposed of within each cell or area of the facility that occur after the
survey plat and the record of wastes have been filed must be reported
to the local authority and to the Regional Administrator.
The owner of the property on which a disposal facility is located
must record, according to State law, a notation on the deed to the property,
or on some other instrument that is normally examined during a title
search, that notifies in perpetuity any potential purchaser of the property
that:
o the land has been used to manage hazardous waste
o its use is restricted
o the survey plat and the record of the type, location, and quantity
of hazardous wastes disposed of within each cell or area of the
facility have been filed with the local authority and the Regional
Administrator
If at any time the owner or operator of the facility or any subsequent
owner of the land removes the waste and waste residues, the liner, and
all contaminated underlying or surrounding soil, he may remove the
notation on the deed or add a notation indicating that the wastes have
been removed.
When removing the wastes, the owner or operator, unless he can
demonstrate that these wastes are not hazardous, becomes a generator
of hazardous waste and, thus, must comply with the RCRA regulations
for generators.
Major Features 40 CFR Parts 264/5, subpart G
Where to Find Them Applicability (264.no, 265.no)
in the Regulations Closure performance standard (264.111, 265.111)
Closure plan; amendment of plan (264.112, 265.112)
Closure; time allowed for closure (264.113, 265.113)
Disposal or decontamination of equipment (264.114, 265.114)
Certification of closure (264.115. 265.115)
Postclosure care and use of property (264.117, 265.117)
Postclosure plan; amendment of plan (264.118, 265.118)
Notice to local land authority (264.119, 265.119)
Notice in deed to property (264.120, 265.120)
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