SW-359
CONTROLLING HAZARDOUS WASTE UNDER RCRA
Land Disposal Regulations; An Outline
of the Federal Register (Vol. 47, No. 143)
This document (SW-959) outlines EPA's hazardous waste regulations
for land disposal facilities promulgated July 26, 1982.
It was prepared by Angela Wilkes of the Hazardous and Industrial
Waste Division, Office of Solid Waste.
U.S. ENVIRONMENTAL PROTECTION AGENCY / September 1982
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rar.carv 12, 1931.
1. T^T^'Oi'ajrv -^CiTiipi-Btiratil'/0 ^PC technical starcs-irds
foe cer^itrin--: new land disposal facilities
(landfills, surface i^pound:>ients, land treatment,
and Class I underground injection wells').
2. On January 26, 1983, Part 25" no longer will apply
to landfills, surface i~poundT.ents, or land treatrr.ent
~aoilities.
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- 3 •• -1 '-, \ '
=arc 254, ^.'-par'ts F, X, L, M, arc: ?:, land -disposal
- ,2 7 ^v-"pi • C f^:c—-3 1r-.-^o>- ^'~%'A
o. -ispcsai units tiat scop receiving wastes cere
effective date ire not required to 'tav-e pern:
jn-its ?,!". a cacilit'-'' without snfettirrg ir.teri^r,
"> "!0n -'-'T7 '-.^^Tl-^^ --> ^- .-, -, y- ' ^r^ '»,'^^-T.—, n',-.,r»- ^"v 1QQ"^
i. L^.*j—-,af coTpjTje. n_ „—r t.ixj i. .-.o - eir.otr -o, iyoi;,
^ ~1C-~-,i- -'---, T-^r- -. v~r , ^ ^" 1 <^ Q "J
•-*. :.. ,P( tj_-e _afiu«rv
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a. Derrrit ^ocificacicr.s for "ccrpliance ^cnitocin
prc-grars when "detection "onicorinc?" indicates
.vases constituents have entered ground vater
cer.eath ^asce oour.o.ary.
inter ~..TI ajtr.or izatiion.
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tions abco:: the lon-g-terti fate,
4. It riist 're possible tc ir.ple™er:t the rej-il-stiors ir.
contexc of per~it-iro' proiTzr1.; ^cardar^s ~ust indicate
clearly vr.at is excecceo. oc reoulatec. cor~,unitv.
3. '-eculacea ccnnunity should be required to expend .rest
of it.3 resources for environmental oroteccicn on
jres that will produce greatest environmental
1, Runoff control.; at landfills, lane treatr.er.t units,
and ciles and overtoocinc: re-ouirr.~e.nc of surface
iiTioound: &nL3 are ^xurjoies.
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Scratenic elener.ts.
1. • '—ITTUICS ^fc3.r.a.Cc^r"
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5. Poszclos'-sre care where wastes r-^rp^
7. Financial assurance.
3. Liners.
~ —^^^^'i^^r'o0
a. Lar.cfi.IIs.
b. Surface ir.coundTer.ts.
units ana _ateral expansions.
Existing portions of facility,
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W 3 t 5 r ~.'C -Ljrt:iC6 vat:?!" 1-^r.'1
_apacle ot preventing :: j_cv; onto tre active
portion :;£ the facility during the ceax diachargf
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cncrol.
Surface ir
iisocsal.
-s, i: cnev are jsea ::or
acccnrecate sett-inc ana sucsi^ence; anc 'rave
c-eiTT.eacilitv less c.han or e^ual to that of the
bettor, liner.
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:.r.c-vacar rxDnitorirc ana resoon.se.
1. Install and operate ^rcund-^vater nonitorinc sysce:"—
down-gradient and jo—gradient—at --/aste bcu"dar/ to
if hazarrlocs constituents frcm the facilitv
vat
'•tonitor for what?
detection monitoring,
a. Indicators such as TOG and specific conductance.
2. Compliance Tcnitoring,
a. Hazardous constituents detected ' n crou^d water
and exrcected to be from, reaulated unit.
I. Oetection
aitsrnace level can never harri hjunan health.
or the environr.ent.
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.''fcr.itor at waste boundary.
Compliance period.
1. Detection monitoring.
a. 30 years after closure unless extended by
Regional Administrator.
2. Compliance .ronitorinc.
a. Period equal to life of facility.
3. 'Corrective action.
a. For 3 years after ground-water standards are
reestablished.
Identifying the hazardous constituent.
I. Constituent .rust oe listed in Apendix /III,
Part 261.
2. Constituent muse; be detected in the ground water.
3. Constituent ^ust be expected to be-from waste
in the regulated unit.
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PART in. DESIGN AND OPERATING STANDARDS FOR
SURFACE IMPOUMDMENTS, :,>JASTE PILES, LAND TREATMENT,
AND LANDFILLS (Subparts K-N)
Landfills.
A. Applicability.
1. New and existing facilities that dispose of
hazardous waste in landfills.
3. Basic requirements.
1. Liner.
a. Exemption for existing portions such as cells
or trenches that already contain wastes at
the time of permit issuance.
2. L^-.chHt"? collection and removal svsterr. above the
lir.er.
3. Control of run-on and runoff.
4. Capping the wastes at closure and conducting post-
closure care.
C. Liners.
1. Designed and constructed to prevent migration of
wastes into the liner and out of the landfill into
subsurface soil or ground water or surface water
during active life of unit.
a. Wastes must not migrate into the liner itself.
2. Site-specific requirements for liners to prevent
failure during active life of unit.
a. Construction materials that will resist degrada-
tion.
b. Sufficient strength and thickness to prevent
failure owing to physical stress (e.g., earth-
moving equipment, dredging).
c. Cover surrounding earth that is likely to be in
contact with the waste or leachate (i.e., a liner
that is underneath as well as on the sides).
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D. Leachate collection and removal system.
1. Located above the liner.
2. Designed and operated to ensure that: depth of
leachate does not exceed 30 centimeters (1 foot)
over the liner.
3. The system must also withstand chemical attack of
waste and leachate and forces exerted by wastes,
equipment, and cover materials and function without
clogging.
E. Exemptions.
1. From ground-water protection requirements (Subpart F)
for impoundments with double liners and leak
detection systems.
2. From liner and leachate collection and removal
requirement if owner or operator demonstrates
that hazardous constituents will never migrate from
landfill into ground */ater or surface vater.
F. Run-on and runoff controls.
1. To minimize leachate generation, the run-on control
system must be capable of preventing flow onto the
active portion of the landfill during peak discharge
from at least a 25-year storm.
2. To minimize hazards from runoff of contaminated liquid,
the runoff management system must be capable of
collecting and controlling water volume resulting from
a 24-hour, 25-year storm.
3. To maintain capacity of the system, collections from
run-on and runoff controls must be emptied or other-
wise managed expeditiously after storms.
G. Measures must be taken to control wind dispersal if
the landfill contains particulate matter.
H. Monitoring and inspection.
1. During construction or installation, inspect
liners and cover systems for uniformity of
construction, damage, or imperfections.
2. After construction or installation, there must be
inspection of other parts of the landfill.
a. Synthetic liners and covers must be inspected
for tears, punctures, or blisters and to ensure
seams are tight.
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b. Soil-based or admixed liners and covers must be
inspected for cracks, channels, root holes, and
other structural problems that may increase
permeability.
3. General facility inspections are to be conducted
weekly and after storms for malfunctions and de-
terioration of run-on and runoff controls, liquids
in leak-detection system, wind dispersal controls,
and leachate collection and removal systems.
I. Surveying and recordkeeping.
1. The operating record must include the following.
a. A map with the location and dimensions of each cell
with respect to permanently surveyed benchmarks.
b. The content of each cell and approximate location
of each hazardous waste type within each cell.
J." Special requirements.
1. Bulk or noncontainerized liquid waste or waste
containing free liquid may not be placed in
landfill unless one of two conditions is "net.
a. The unit has a liner and a leachate collection
and removal system meeting the standards.
b. Before disposal, liquids are treated or stabilized
so that free liouids are not present.
2. Containers.
a. Containers holding free liquids may not be placed
in a landfill unless the following conditions are
complied with.
I. Free-standing liquids removed by decanting
or mixed with absorbent or solidified, or
otherwise eliminated.
II. The container is very small (such as an ampule).
III. The container is designed to hold free liquids
for use other than storage (e.g., a battery).
IV. The container is a lab pack.
b. Containers must be 90% full when placed in landfill;
empty containers must be reduced in volume by
crushing or shredding.
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c. Before disposal, .small containers in overpacked drums
(lab packs) must be packaged in nonleaking inside
containers that are constructed of material that
will not react dangerously or be decomposed by or
be ignited by the contained waste, are tightly
sealed, and are in accordance with DOT standards.
3. Ignitable or reactive waste.
a. Ignitable or reactive waste must be treated,
rendered, or mixed before or immediately
after placement in landfill.
b. Ignitable waste may be landfilled without
being treated, rendered, or mixed if it is
protected fron material or conditions that
could cause it to ignite.
X. Closure and postclosure.
1. At closure, the landfill or cell must be covered
with a final cover designed to achieve the following
purposes.
a. Minimize migration of liquids.
b. Function with minimum maintenance.
c. Promote drainage and minimize erosion of cover.
d. Accommodate settling and subsidence.
e. Have permeability less than or equal to that cf
the bottom liner.
2. Postclosure care requirements.
a. Maintain effectiveness of final cover.
b. Monitor leak detection system, where a double
liner is used, and, if necessary, implement
ground-water monitoring program.
c. Maintain leachate collection and removal system.
d. Monitor ground water and, if necessary, conduct
corrective action.
e. Prevent run-on and runoff from damaging final
cover.
f. Protect and maintain surveyed benchmarks.
L. Closure and postclosure plans, cost estimates, and financial
instruments consistent with planned closure and postclosure
activities are required.
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II. Surface impoundments.
A. Applicability.
1. New and existing facilities that treat, store,
or dispose of hazardous waste.
3. Basic requirements.
1. Either a single liner with ground-water monitor-
ing wells at the unit's boundary or a double
liner with leak detection system to prevent
migration of waste into subsurface soil and
ground water and surface water during active
life.
a. Exemption for existing portions that are
not lined.
2. Prevention of overtopping the sides of impound-
ment.
3. Assurance of structural integrity of dikes.
4. At closure, either remove or decontaminate waste,
waste residues, and contaminated soils and equip-
ment, or solidify remaining waste, cap the waste,
and conduct postclosure care.
a. From liner requirement if owner or operator
demonstrates to RA that hazardous constituents
will never migrate from impoundment into ground
water or surface water.
C. Liners.
1. Existing portions of impoundments are exempt.
2. Designed and constructed to prevent migration
of wastes to adjacent subsurface soil or ground
water or surface water during active life of
unit.
a. For disposal units, wastes must not migrate
into the liner itself.
3. Site-specific requirements for liners to prevent
failure during active life of unit.
a. Construction materials that will resist
degradation.
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b. Sufficient strength and thickness to prevent
failure owing to physical stress (e.g., earth-
moving equipment, dredging).
c. Foundation that is capable of supporting the
liner and resisting pressure gradients (so that
liner will not rupture or break).
d. Cover surrounding earth that is likely to be
in contact with the waste or leachate (i.e.,
a liner that is underneath as well as on the
sides).
D. No leachate collection and removal system.
1. Not required since impoundments are designed to
hold large amounts of liquids; further, the liner
prevents migration during the operating life, and
migration is minimized after closure by removing
or solidifying the waste.
". Exemptions.
1. From ground-water protection, requirements (Subpart
F) for impoundments with double liners and leak
detection systems.
a. From liner requirement if owner or operator
demonstrates to RA that hazardous constituents
will never migrate from impoundment into ground
water or surface water.
F. Overtopping controls.
1. Design, construct, maintain, and operate the
impoundment to prevent liquid hazardous waste
from overflowing.
G. Dikes.
1. Dikes must be constructed with sufficient structural
integrity to prevent massive failure, e.g., owing
to force exerted on dike by contents of impoundment
and the dike's resistance to scouring and piping
in the event that liner leaks.
2. Certification by an engineer is required prior to
permit issuance and after extended periods of
downtime to assure structural integrity.
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H. Monitoring and inspection.
I. During construction or installation, inspect
liners and cover systems for uniformity of
construction, damage, or iraperfeetions.
2. Iinmediately after construction or installation,
inspection of the following.
a. Synthetic liners and covers for tears, punctures,
or blisters, and to ensure tight seams.
b. Soil-based or admixed liners and covers for cracks,
channels, root holes, or other structural problems
that may increase permeability.
3. Inspections must be conducted weekly and after
storms.
*
a. Overtopping control system.
b. Sudden drops in level cf contents.
c. Liquids in leak detection system, if applicable.
d. Dikes or other containment devices.
I. Emergency repairs.
1. Remove impoundment frcm service in the event of
active leaking in a dike "(not minor deterioration)
or a sudden drop in liquid level, not caused by
changes in the flows into or out of the impound-
ment.
2. Removal frcm service requires taking the following
measures immediately.
a. Stopping the flow or addition of wastes to
impoundment.
b. Containing surface leakage.
c. Stopping the leak.
d. Taking steps to stop or prevent catastrophic
failure.
e. If necessary, emptying the impoundment.
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3. To return an impoundment to service.
a. Repair the liner and obtain recertification
that it again complies with the liner require-
ments.
b. Install a liner, if sudden drop in liquid is
in an existing facility that was exempt from
liner requirement.
c. Obtain recertification of dike's structural
integrity, if applicable.
4. Impoundment not returned to service must be
properly closed.
J. Incompatible wastes or incompatible wastes and
materials (Appendix V) must not be placed in the
same surface impoundments unless the general
requiratents (§264.17(b)) are complied with.
K. Closure and postclosure.
I. The owner or operator has two options for
closing the impoundment.
a. Option 1, storage units: remove or decontaminate
all wastes, waste residues, system components'
(such as liners), subsoils, and structures or
equipment. This option requires no postclosure
care.
I. If removal or decontamination is incomplete,
the unit must be closed according to Option 2,
b. Option 2, disposal units: remove or solidify
liquid waste by removing liquid waste or
solidifying remaining waste; place a final
cover (cap) over the closed impoundment;
conduct postclosure monitoring and maintenance.
2. Final cover (cap).
a. The cap must be as impermeable as the bottom
liner and designed to minimize erosion by
proper sloping, earth materials, and shallow-
rooted vegetation.
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b. The cap must minimize migration of liquids
and accommodate settling and subsidence
so that cover integrity is maintained.
3. Postclosure care.
a. Storage units—none.
b. Single-lined disposal units.
I. Monitor ground water and, if necessary,
conduct corrective action.
II. Maintain effectiveness of final cover.
c. Double-lined disposal unit.
I. Monitor leak detection system and, if
necessary, implanent ground-water monitoring
program.
II. Maintain effectiveness of final cover.
Closure and postclosure plans and financial
responsibility.
1. Existing storage units without acceptable liners,
where owner intends to remove wastes and contami-
nated components and soils at closure, must have
closure plans for doing so but must also have
contingent closure and postclosure plans to
close as a landfill in the event the unit
must be closed with wastes left in place.
a. Cost estimates and'financial instruments must
cover the contingent plan.
2. Other units do not need contingent plans but
must have closure and postclosure plans, cost
estimates, and financial instruments consistent
with their planned closure and, when present,
postclosure activities.
III. Waste piles.
A. Applicability.
New and existing storage and treatment piles.
Piles that are closed with waste left in place
are not subject to Subpart L, but are subject to
the landfill regulations in Subpart M.
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3. Basic requirements.
1. Liner.
a. Exemption for an existing portion that is
not lined.
2. Leachate collection and removal.
3. Control of run-on and runoff.
4. Control of wind dispersal.
5. Removal of wastes at closure.
C. Liners.
1. Designed and constructed to prevent migration
of wastes to adjacent subsurface soil or 'ground
water or surface water during active life of pile.
a. For disposal piles, wastes must not migrate
into the liner itself.
2. Site-specific requirements for liners to prevent
failure during active life of unit.
a. Construction materials that will resist
degradation.
b. Sufficient strength and thickness to prevent
failure owing to physical stress (e.g., earth-
moving equipment, dredging).
c. Foundation that is capable of supporting the
liner and resisting pressure gradients (so
that liner will not rupture or break).
d. Cover surrounding earth that is likely to be
in contact with the waste or leachate (i.e.,
a liner that is underneath as well as on the
sides).
D. Leachate collection and removal system.
1. Must be located above the liners.
2. Mast be designed and operated to assure leachate
depth does not exceed 30 centimeters (1 foot) over
the liner.
3. Must be designed and operated to ensure that
three major conditions are ?net.
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a. Withstand chemical attack of waste and leachate.
b. Withstand forces exerted by wastes, equipment,
earth pressures.
c. Function without clogging.
E. Exemptions.
1. From ground-water protection requirements (Subpart F).
a. Piles with double liners and leak detection systems.
b. Piles with single liners from which wastes are removed
periodically to inspect liner for cracks, leaks, or
potential leaks. To qualify for exemption, liner
material must withstand damage from repeated removal
and replacement of wastes during liner inspection,
e.g., reinforced concrete with appropriate coatings.
(Synthetic liners may not withstand damage from
repeated removal of wastes for inspections; clay
liners tray dry;,,out and crack when exposed to air.)
2. From liner and leachate collection and removal (Subpart
L) and from ground-water protection requirements
(Subpart F).
a. Dry piles located inside or 'under structures
protected from precipitation, run-on, and wind
dispersal and that do not generate leachate
through decomposition or other reactions.
3. From liner and leachate collection and removal
requirements.
a. If owner or operator demonstrates that hazardous
constituents will never migrate from pile into
ground water or surface water.
F. Run-on and runoff controls.
1. To minimize leachate generation, the owner or
operator must have a run-on control system
designed, constructed, operated, and maintained
to prevent flow onto active portion of the
pile during 25-year storm.
2. To minimize hazards from runoff of contaminated
liquid, a runoff management system must collect
and control water volume from a 24-hour, 25-year
storm.
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3. To maintain capacity of the system, collections
from run-on and runoff controls must be emptied
or otherwise managed expeditiously after storms.
G. Monitoring and inspection.
1. During construction or installation, inspect
liners and cover systems for uniformity of
construction, damage, or imperfections.
2. Immediately after construction or installation,
inspection of the following.
a. Synthetic liners and covers for tears, punctures,
or blisters, and to ensure tight seams.
b. Soil-based or admixed liners and covers for
cracks, channels, root holes, or other structural
problems that may increase permeability..
3. Inspections of control systems must be conducted
weekly and after sterms for the following:
a. Deterioration of run-on and runoff controls.
b. Presence of liquids in leak detection system,
if applicable.
c. Operation of wind dispersal controls, if
applicable.
d. Presence of leachate in and operation of leachate
collection and removal system.
H. Ignitable or reactive waste and incompatible wastes.
1. Regulatory language unchanged from the January 12,
1981, version.
I. Closure and postclosure.
1. All wastes, waste residues, contaminated subsoils,
structures, and equipment must be removed or
decontaminated at closure (same as closure of
impoundments).
2. If decontamination cannot be completed, the pile
is regarded as a disposal unit and closure and
postclosure requirements are the same as for
landfills and for impoundments where decontamination
is incomplete.
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J. Closure and postclosure plans and financial
responsibility.
1. Existing piles without acceptable liners, where
owner intends to remove wastes and contaminated
components and soils at closure, must have
closure plans for doing so but must also have
contingent closure and postclosure plans in
the event the pile must be closed with wastes
left in place.
a. Cost estimates and financial instruments must
cover the contingent plans.
2. Other units do not need contingent plans but must
have closure and postclosure plans, cost estimates,
and financial instruments consistent with their
planned closure and, when present, postclosure
activities.
IV. Land treatrent.
\. Applicability.
1. New and existing facilities that treat or dispose
of hazardous waste in land treatment units.
3. Objective of design and operating requirements.
1. Minimize risk of ground-water contamination
where hazardous wastes are applied to the
soil. This is accomplished by use of a defined
layer of surface and subsurface soils (a
"treatment zone") to degrade, transform, or
immobilize the hazardous constituents of the
waste.
a. Land treatment facilities are fundamentally
different from other land disposal facilities
in that liquids are allowed to pass through
rather than being contained within the unit.
For this reason, no liners are required.
C. Treatment program.
1. Specify wastes to be handled at unit.
2. Specify the hazardous constituents (from
Appendix VIII of Part 261) that must be
degraded, transformed, or immobilized.
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3. Establish design and operating measures
necessary to maximize treatment of
hazardous constituents.
4. Establish an unsaturated zone monitoring
program to determine success of treatment
in the treatment zone.
5. Clearly specify the vertical and horizontal
dimensions of the treatment zone.
a. No deeper than 1.5 meters (5 feet).
b. Minimum of 1 meter (3 feet) between bottom of
treatment zone and the seasonal highwater table.
D. Treatment demonstration.
1. Establishes what combination of operating
practices completely degrades, transform:;, or
immobilizes hazardous constituents.
a. Rate and method of application to prevent
exceeding the soil's treatment capacity.
b. Soil pH controls.
c. Microbial or chemical reactions.
d. Moisture content of treatment zone.
2. In demonstration, owner or operator may use field
tests, laboratory analyses, available data, or, in
the case of existing units, operating data.
3. RA incorporates findings in permit conditions.
E. Unsaturated zone monitoring program.
1. The program includes the following elements.
a. Monitor soil and soil-pore liquid to determine
if hazardous constituents migrate fron the treat-
ment zone. (The RA may require monitoring for
principal hazardous constituents [PHCs].)
b. Establish background value for each hazardous
constituent to be monitored.
c. Monitor soil and soil-pore liquid immediately
below treatment zone and determine any statis-
tically significant change over background
values.
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2. If nigration is detected, modify permit to
maximize degradation, transformation, or
immobilization in the treatment zone.
F. Other requirements.
1. Prevent surface-water run-on.
a. System must be capable of preventing flow
onto active portion of units during peak
discharge from at least a 25-year storm.
2. Control runoff to prevent untreated waste
from leaving the facility.
a. Capable of collecting and controlling water
volume at least equivalent to a 24-hour,
25-year storm.
3. Control wind dispersal if the unit contains
particulate matter.
G. Food chain crop restrictions.
1. For most hazardous constituents there can be
no uptake and no greater concentration than in
surrounding areas.
2. Special limitations on the amount of cadmium
include the following.
a. pH of at least 6.5.
b. Application rate of no more then 0.5 kg/ha/yr.
c. Cumulative application depends on cation
exchange capacity.
d. Special conditions for animal feed.
H. Recordkeeping.
1. Dates and rates of applications of hazardous wastes.
I. Ignitable or reactive waste.
1. Tgnitable or reactive wastes must be managed in such
a way that they no longer meet the definition of
ignitable or reactive waste when applied to the
treatment zone.
2. These wastes must be protected from materials or
conditions that could cause them to ignite or
react.
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J. Incompatible wastes.
1. Incompatible wastes or incompatible wastas and
inaterials are not to be placed in the same treat-
ment zone unless §264.17(b) is complied with.
K. Closure and postclosure.
1. Requirements are similar to ISS.
a. Continue practices that maximize degradation,
transformation, and immobilization.
b. Continue practices to minimize runoff from
treatment zone and to control run-on and
wind dispersal.
c. Continue ground-water monitoring.
d. Continue restrictions on food chain crops.
e. Continue to operate unsaturated zone ncnitoring
program, except soil-pore liquid monitoring
may be suspended 90 days after last application
of waste at the unit.
f. Establish and maintain vegetation cover that is
capable of maintaining growth without extensive
ma intenance.
g. Certification of proper closure.
2. Exemptions.
a. No postclosure care or vegetative cover required
if level of hazardous constituents within the
treatment zone does not exceed the background
values for those constituents by statistically
significant amounts.
b. No ground-water monitoring if requirements of
K above are complied with and if hazardous con-
stituents have not migrated below treatment zone
during active life of unit.
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PART IV. GROUND-WATER PROTECTION (Part 264, Subpart F)
I. Four main elements.
A. Detection monitoring.
1. No contamination apparent.
B. Ground-water protection standard (GWPS),
1. Set when contamination apparent.
C. Compliance monitoring.
1. Determines compliance with GWPS.
0. Corrective action.
1. When GWPS exceeded.
TI. New terms used in Subpart F.
A. Waste management facility.'
B. Waste management .area.
C. Waste management unit (for example, land treatment facility=
land treatment unit).
D. Regulated unit is any unit receiving hazardous waste after
January 26, 1983.
E. Aquifer—still undefined.
F. Uppermost aquifer includes hydraulically connected lower
aquifer.
G. Hazardous waste constituent—Appendix VII, Part 261.
H. Hazardous constituent (HC)—Appendix VIII, Part 261.
III. Applicability.
A. Subpart F applies to regulated units at surface impoundments,
waste piles, land treatment facilities, and landfills.
B. "Old" waste in regulated unit is controlled.
1. Management of problem is not affected by when wastes
were placed in unit.
C. Old waste in nonregulated unit may also be controlled if
leachate plume cannot be distinguished from regulated unit
plume.
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1. Leachate cannot be traced to specific wastes in
many cases.
D. Exclusions from ground-water monitoring.
1. Double-lined surface impoundments, waste piles,
landfills.
2. Pile with an inspectable liner or in building.
3. Land treatment unit demonstrating total effectiveness
during active life.
a. Exclusion affects only postclosure care period.
4. Unit is in favorable hydrogeological setting (no potential
for migration during operating life and postclosure
period).
a. Encourages use of desirable locations.
'o. Is based on prediction of migration to ground
water, instead of ground—vater monitoring.
c. Incorporates built-in safety factor because
TTiaximum migration rates are assumed.
• I. Minimum soil thickness.
II. Travel time only in natural soil (no liners).
III. Travel time of most dense and least viscous
fluid.
IV. Unit is filled with liquids.
V. Saturated soil.
VI. Effective porosity of 10%.
VII. No soil attenuation in travel tine.
VIII. Migration since beginning of unit.
d. Requires certification of geologist or geotechnical
engineer.
IV. Implementation through a series of facility pemits.
A. Three types of programs.
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1. Detection monitoring.
2. Compliance monitoring.
3. Corrective action.
B. Requirements.
1. At least one program is specified in permit.
2. A combination may be advisable because it avoids delay in
initiating a new program via a major modification to the
permit.
3. Regional Administrator may require a combination in permit
because it facilitates prompt corrective action.
4. Combinations may be linked to other permit provisions; for
example, the permit of a unit with an exclusion may provide
for a monitoring program if the exclusion is lost.
Detection monitoring program.
A. Applicable when no contaminants apparent.
1. Similar to monitoring for interim status standards (155);
may use same wells.
2. Elements specified in permit.
3. Owner or operator must agree to conduct corrective action
if necessary later.
B. Monitor at limit of waste management area (same as ISS).
1. Monitor for a few indicator parameters (same as ISS), or
a. Specific conductance.
b. Total organic carbon.
c. Total organic halogens.
d. Others.
2. Waste constituents, or
3. Reaction products.
4. Other parameters specified in permit by RA on the
basis of four factors.
a. Types, quantities, concentrations of wastes in
unit.
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b. Quality of the leachate as it passes through the
unsaturated zone beneath the waste management area.
c. Detectability.
d. Concentrations or values and coefficients of variation in
background ground water.
C. Frequency: at least semiannually.
D. Duration: operating life plus postclosure care period'(approxi-
mately 30 years).
1. If no contamination detected during this time, owner or
operator has fulfilled responsibilities and can cease
ground-water monitoring.
E. * Contamination criteria: maintain existing ground-water
quality, i.e., statistically significant increase of
monitoring parameter over background.
1. Student's t-test ~t 0.05 level of significance (coefficient
of variation less than 1.0), or
2. RA-specified equivalent (coefficient of variation more
than 1.0).
?. Response to contamination.
1. Repeat analysis; ensure no error.
2. Within 7 days submit written report to RA.
3. Immediately:
a. Sample all wells for Appendix VIII constituents.
b. Establish concentration and background for Appendix VIII
constituents.
4. Within 90 days:
a. Apply for compliance monitoring permit, or
b. Demonstrate other source responsible or error, or
c. Both (to avoid enforcement if demonstration rejected).
5. Within 180 days:
a. Submit:
I. Justification for alternate concentration limits
(ACLs)—optional.
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II. Engineering feasibility plan for corrective
action.
b. Unless:
I. All HCs are parameters covered by the National
Interim Primary Drinking Water Regulations (NIPCWR)
and are below maximum concentration limits (MCLs), or
II. Seeking ACLs for all HCs found.
VI. Ground-water protection standard.
A. GWPS is normally established when hazardous constituents
are detected in ground water at limit of waste management
area.
1. The standard indicates concentration limits that
trigger corrective action.
2. Some elements of compliance monitoring rray be
established in advance in anticipation of possible
problems.
B. Principal elements of standard are hazardous constitu-
ents, concentration limits, compliance point, and
compliance period.
VII. Hazardous constituents.
A. Must be listed in Appendix VIII, Part 261 (387 toxic,
carcinogenic, -nutagenic, and teratogenic substances)
3. Must have been detected in ground water
below the regulated unit.
C. Must be reasonably expected to be in or derived from the
waste in the unit.
D. RA lists in permit as part of C3-JPS.
E. RA may exclude some or all Appendix VTII constituents if
finds no threat to human health and environment (based
on factors).
. 1. At any concentration (infinite).
- 2. At any time (infinite).
3. May consider non-NIPDWR parameters and exempted
aquifers in finding.
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F. Reasons for selecting Appendix VIII.
1. Appendix VTI hazardous waste constituents.
a. Not an exhaustive list of all constituents
of wastes.
b. Only applies to listed wastes, not character-
istic hazardous wastes.
c. Does not account for reaction products with
other wastes or soil.
2. Narrative standard with factors.
a. Does not provide certanity to regulatory community
or public (scope).
b. Difficult to implement (chicken-egg problem).
3. Appendix VIII.
a. 'Comprehensive list.
b. Provides certainty regarding scope.
c. Based on data on health and environmental effects.
G. Selecting hazardous constituents.
1. Hazardous constituents are specified in the permit
by RA.
2. Owner or operator may deny that the constituents
come from his regulated unit by showing that it is
impossible from wastes present, or than it is possible,
but it is coming from another source.
3. Variance.
a. A limited variance may be granted to eliminate
constituents found in ground water from the
hazardous constituents listed in the permit.
b. RA may grant the variance after considering
the potential for leachate migration; the quality
of leachate as it migrates; the current and
future uses of all water in area; the potential
health and environmental effects; and the
underground sources of drinking water identified
in the Underground Injection Control program.
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VIII. Concentration Units.
A. Concentration limit must be established for each hazardous
constituent detected at edge of waste management area.
B. Three options.
1. A limit based on no statistically significant increase
over background.
a. It protects existing ground—vater quality.
2. Numerical limits set at MCLs of the eight metal and
six pesticides covered by NIPEWR—if higher than
background.
3. A higher ACL based on the owner or operator demonstrating
that the concentration will not adversely affect health
and the environment.
a. RA rust find no threat to human health and environment
at ACL at any time (no basis for shorter tirr.e).
b. Based on same factors as exclusion from HC list,
but at some finite concentration.
c. RA may consider non-NIPDt'TR parameters and exempted
aquifers in finding.
d. Examples.
I. HCs bicdegrade before leaving property.
II. HCs attenuate before leaving property.
III. Site near river; dilution factor.
e. 'Owner or operator may seek ACLs at any time.
I. When initial permit issued.
II. Mo later than 180 days after contamination
detected.
f. Major permit modification after GWPS established.
IX. Compliance point.
A. Compliance point is a vertical surface (many points) in
uppermost aquifer hydraulically downgradient from regulated
unit.
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1. Is set at limit of waste management area (may
encompass several units).
2. Is outside liners, dikes, and other barriers.
B. Alternatives rejected.
1. Directly below waste.
a. Unwise to drill through unit itself.
b. Angle drilling unproven.
2. Property boundary.
a. Not enough time for corrective action.
b. Contaminates large volume of ground water.
3. Buffer distance inside property.
a. At one time, 5-year ground-water flow discussed.
b. Could not justify 5-year flow number.
c. Still contaminates large volume of ground water.
C. Advantages to limit of waste .Tianagement airea.
1. Greatest assurance to public.
2. Earliest feasible warning.
3. Most time for corrective action.
4. Least volume of contaminated ground water.
5. Most cost-effective.
6. Least likely to deplete aquifer during corrective
action.
D. As permit condition, owner or operator is required to
clean up any existing ground-water contamination between
compliance point and property boundary (CERCLA or RCRA,
Section 7003, is used beyond property boundary).
X. Compliance period.
A. Equals number of years of active life of waste management
area (including pre-RCRA and ISS).
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3. Period begins when compliance rnonitoring program
begins.
C. Continues until GWPS met for 3 consecutive years,
if corrective action ongoing at end.
1. If still in postclosure care period, revert to
compliance monitoring.
2. If no HCs over background, revert to detection
monitoring.
D. Compliance based on "big plume" theory.
1. Leading edge of plume starts at facility startup.
2. Big plume cut off when unit capped at closure.
3. Some uncertainties owing to differential migration
rates in soil and ground water.
XI. Compliance monitoring program.
A. Applicable when HCs in ground water and GWPS established.
1. May be initial permit if contamination exists.
2. May be major permit modification after detection
monitoring program.
3. May be coupled with corrective action program.
B. Determine if GWPS exceeded.
C. Monitor for all HCs in permit at limit of waste management
area.
D. Frequency: at least quarterly.
E. Duration: compliance period.
F. RA specifies statistical procedure in permit.
G. Monitor all wells annually for all Appendix VTII constituents
to determine if additonal HCs entered ground water. Owner
or operator reports to RA if more HCs found..
H. Response if GWPS exceeded.
1. Within 7 days:
a. Submit written report to RA.
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2. Within 180 days:
a. Apply for corrective action permit modification
(90 days if have feasibility plan under detection
monitoring plan), or
b. Prepare demonstration that contamination from
another source, or
c. Both.
XII. Corrective action program.
A. Applicable when GWPS exceeded.
1. May be initial permit, or
2. May follow detection monitoring or compliance monitoring
programs.
B. Requires removal or in-situ treatment of HCs 'until GWPS
again met.
1. Delay or dilution not acceptable. Slurry walls may,
however, be used to contain contaminated ground water
prior to removal or treatment.
C. Requires additional ground—water monitoring to demonstrate
effectiveness.
D. Starts and ends at dates specified in permit.
E. Continues until GWPS met for 3 consecutive years.
F. Will probably require topside treatment facility/ which may
also need a permit under RCRA or the National Pollutant
Discharge Elimination System.
XIII. General monitoring requirements.
A. Establish performance standard.
1. Monitoring system must yield samples at the compliance
point that represent the quality of background water un-
affected by leakage from a regulated unit.
2. The number, location, and depth of wells are specified
in the permit.
3. Establish one system for all units.
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C. Case all wells to maintain integrity of monitoring well
bore holes.
D. Use reliable and accurate sampling and analysis procedures.
E. Determine ground-water elevation for each sample.
F. Determine background.
1. Levels may fluctuate widely with the seasons.
a. When recharge rate is high, concentrations are
often lower.
b. When recharge rate is lew, concentrations are
often higher.
2. In detection monitoring, measure values at least quarterly;
use mean.
3. In conpliance monitoring, use,existing data, when
possible.
a. The owner or operator applies for permit
modification to set up a monitoring program
or acquire additional data during 90-day period.
b. An owner or operator who wants to account
for seasonal variations has two options.
I. Anticipate the need and collect data in
advance.
II. Continue to collect data after conpliance
monitoring permit is issued.
4. Appropriate wells must be used to establish background.
a. General requirement is that background water quality
must be based on upgradient wells.
b. Variance is allowed where (1) hydrogeological conditions
do not allow determination of what well locations would
be upgradient and (2) other wells would provide as
representative an indication of background as upgradient
wells.
5. The number of wells is unspecified.
6. The number of samples is specified.
a. At least one is required from each upgradient
well.
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b. At least four are required from the system.
Procedures to determine statistical significance.
1. No one procedure is universally applicable.
2. The regulations intend to achieve balance between false
positives and false negatives.
3. The regulations establish a specific sampling requirement,
statistical test, and significance level for situations
where the test is appropriate.
4. This specific approach serves as a benchmark; against
which other statistical procedures may be compared.
5. Standard procedure for detection monitoring is for use
when background data are approximately normally distributed
(coefficient of variation less than 1.0). The procedure
has three requirements.
a. Background sampling data.
b. Data from compliance point.
c. Specific statistical test protocol.
6. The mean level of a given constituent is compared to the
background level;
a. If the comparison is significant at 0.05 level with
Cochran's Approximation to Behrens-Fisher Student's
t-test, a confirmatory retest is
needed.
b. The t-test serves as a benchmark for the RA to define
"reasonable confidence" in alternative statistical
procedures.
7. For compliance monitoring, the procedures used will be
subjected to the "reasonable confidence" standard.
8. Three situations may require the "reasonable confidence"
standard.
a. When the coefficient of variation in background
data is greater than 1.0.
b. When background levels are not detectable.
c. When point-in-tirae comparisons must be made between
analyses of upgradient and downgradient samples.
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PART V. INTERIM STATUS CONFORMING CHANGES
AND PROPOSAL TO PART 265
I. Conforming changes are necessary to ensure consistency in appli-
cation of policy decisions or to ensure that there will not be a
conflict between provisions in Parts 264 and 265.
II. Waste piles (Subpart L).
A. Containment (§265.253).
1. Surface-water run-on and runoff controls.
a. 25-year storm design capacity.
b. Systems to be emptied or otherwise managed expeditiously
after storms to maintain capacity.
[II. Land treatment (Subpart M).
A. General operating requirements (§265.272).
1. Run-on and runoff control systems.
a. 25-year storm design capacity. •
b. Empty or manage expeditiously after storms.
8. Restrictions on food chain crops (§265.276).
1. Removal of ban on food chain crops.
a. The stipulation in the property deed to future property
owners allows food chain crops to be grown on property
that has received wastes at high cadmium application
rates if specific site controls are maintained.
C. Closure and postclosure (§265.280).
1. Continue practices to maximize degradation, transformation,
and immobilization.
2. Removal of contaminated soils.
3. Placement of vegetative cover.
4. Monitor ground water.
5. Continue monitoring unsaturated zone, except soil-pore
liquid monitoring may cease 90 days after the last application
of waste.
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6. .Maintain run-on and runoff control systems.
7. Control wind dispersal of particulate matter.
8. Certification of proper closure by a qualified soil scien-
tist.
9. PDstclosure care includes soil-core monitoring, restriction
on access to unit, compliance with requirements concerning
food chain crops, and control of wind dispersal.
D. Ignitable or reactive waste (§265.281).
1. Such waste must not be land treated unless waste is incor-
porated into soil immediately so that the resulting material
is no longer ignitable or reactive; the general requirements
for ignitable and reactive waste are complied with; and the
waste is managed so that it is protected from any material
or conditions that may cause it to ignite or react.
CV. Landfills (SubpartN).
A. General operating requirements (§265.302).
1. Run-on and runoff control systems.
• a. 25-year storm design capacity.
b. Empty or otherwise inanage expeditiously after storms
to maintain design capacity of system.
B. Special requirements for liquid waste.
1. Bulk or noncontainerized liquid waste or waste containing
free liquid must not be place in landfills unless the
landfill has a liner and a leachate collection and removal
system.
V. Proposal of conforming changes to Part 265.
A. Variance to 2-foot freeboard requirement for surface
impoundments.
B. Final cover performance requirements for surface impound-
ments and landfills.
C. Additional variance allowing placement of some ignitable
or reactive wastes in surface impoundments..
D. More definitive requirements regarding placement of contain-
ers in landfills.
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PART VI. PERMIT REQUIREMENTS (Part 122)
I. Part 122 provides for a two-permit application, Parts A and B.
II. Requirements for Part A remain unchanged from May 19, 1980,
regulations.
III. Part 3 was supplemented January 12, 1981, to provide; specific
information requirements for owners and operators of treatment
and storage facilities.
IV. No specific permit application requirements accompanied the
Part 267 temporary standards for land disposal facilities
issued February 13, 1981.
V. Part B requirements were supplemented July 26, 1982, to provide
specific information requirements for owners and operators of
land disposal facilities.
A. The new regulations subsume January 12, 1981, Part 3
permitting requirements and add new requirements for
land treatment units and landfills.
3. Mew Part 3 requirements include minor changes to general
requirements, requirements for each of four types of
land disposal facilities, and requirements for ground-
water monitoring.
1. General requirements are substantially unchanged
from January 12, 1981, regulations.
2. The applicant must address each aspect of (1) design
and operation included in appropriate subparts of
Part 264, and (2) the ground-water protection program
in Subpart F.
3. The applicant must submit enough information to enable
the "Director" (Regional Administrator or State official)
to determine if the unit will be in compliance with
Part 264 and thus eligible for a RCRA permit.
G. Owners and operators of existing facilities are not required
to submit Part 8 until requested by EPA or the State. Owners
and operators of new facilities must submit both parts at
least 180 days before physical construction is expected to
start.
D. An owner or operator who needs to demonstrate the complete
effectiveness of a land treatment process may receive a
two-phased permit that will cover not only the field test
and laboratory analyses but also construction and operation
of the facility.
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1. Part 3 must include a plan proposing that the
demonstration be performed under conditions similar
or directly relating to those in the treatment
zone of the unit.
a. The conditions to be specified are waste
characteristics (including the presence
of Appendix VIII constituents), climate,
topography, soil characteristics (including
unsaturated zone monitoring).
2. The Director processes the permit through Part 124
procedures.
3. The Director grants a phased permit if Part 3 contains
substantial information indicating complete treatment
is likely.
a. First phase establishes conditions based on treat-
ment demonstration plan, including design and
operating parameters (including duration of tests
or analyses and, for field tests, horizontal and
vertical dimensions of treatment zone), monitoring
procedures, and cleanup activities after the
demonstration.
b. First phase becomes effective within 30 days of
end of public comment period.
c. The Director includes, as conditions of the second
phase, all Subpart M requirements pertaining to
unit design, construction, and operation and
maintenance.
d. Second phase becomes effective when demonstration
is successfully completed.
4. The owner or operator submits a certified statement to
the Director that the tests or analyses were carried
out according to Phase One conditions.
5. If the Director determines that the results demonstrate
that the hazardous constituents can be completely treated,
he (1) changes the second phase to incorporate any
additional requirements and (2) makes the second phase
effective.
6. The modifications may proceed as either minor modifi-
cations or as "major" (permit) modifications.
a. Examples of minor modifications include waste
application rate/ technique, or frequency; lining
or fertilization practices; or depth and frequency
of tilling.
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b. Examples of "major" modifications include character-
istics of the waste and the treatment zone.
7. The Director may approve modifications if owner or
operator wants to do additional testing.
E. An owner or operator denied a phased permit must apply
for and receive a demonstration permit to conduct field
tests or laboratory analyses. Part B must cover the same
conditions as would be included in the first phase of
a two-phased permit. \
F. An owner or operator seeking a demonstration permit should
consult the Director regarding Part B requirements, which
may be fewer than those in a two-phased permit.
G. The new regulations make two clarifications in the scope
of the RCPA permit requirement.
1. Owners and operators must have permits during any
- postclosure period and any ccrnpliance period, including
units closed under interim status after January 26, 1983.
a. Permits are the means EPA chose to impose post-
closure requirements on disposal facilities. Permits
allow site-specific implementation of general standards
and depend on an existing system (Parts 122 and 124)
that is fair to owners and the public.
b. All disposal facilities, including those that close
during interim status, must have postclosure permits
to protect human health and the environment and to
ensure equity to all owners and operators.
c. Postclosure permits apply to regulated units.
2. EPA can issue or deny a permit to one or more units at
a facility without affecting the interim status of any
remaining units.
H. Permits may be modified under certain new conditions.
1. When corrective action is not completed expeditiously.
2. To include a detection monitoring program when an
existing monitoring program ends during postclosure.
3. When compliance monitoring is required, but data collected
before permit is issued indicate ground-water protection
standard is exceeded.
4. When a land treatment unit is not achieving complete
treatment.
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