vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9476.oo-u
TITLE Ground-Water Monitoring At" Clean Closing Surface
Impoundment and Waste Pile Units * ~
APPROVAL DATE:: March 31, 1968
EFFECTIVE DATE: March 31, 1988
ORIGINATING
0 FINAL
D DRAFT
STATUS:
I 1
[ ]
[ ]
A- Pending'OMB/approval-
B- Pending AA-OSWER approval
C~ For review &/dr comment
[ ] D- In development or circulating
REFERENCE* (otner documents) headquarters
OSWER OSWER OSWER
/£ DIRECTIVE DIRECTIVE
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Unrted States Environmental Protection Agency
Washington. DC 20460
QSWER Directive Initiation Request
11. Directive Number
9476.00-14
3. Originator Information
Mame of Contact Person
Chris Rhyne
Mail Code
WH-563
°0CSeW/PSPD
3. Tale
Ground-Water Monitoring At Clean-Closing Surface Impoundement And Waste
Pile Units
4. Summary ol Directive (include brief statement of purpose) " , . , _ •„,-.•!„ ~i0an rln^pd unit-?
This memo outlines the circumstances underwhich previously clean closed units
will need to install ground-water monitoring and approaches used to effect
installation. The memo also discusses circumstances under which ground-water
monito.ring may not be required.
5. Keywords
Closure / Ground-Water Monitoring
6a. Does This Directive Supersede Previous Oirective(s)'?
b. Does It Supplement Previous Oirective(s)?
x No
No
Yes What directive (number, title)
Yes What directive (number. We)
7. Draft Level
A - Signed by AA/DAA
B - Signed by Office Director
C - For Review & Comment
D - In OeveJopmer
8. Document to be distributed to States by Headquarters?
X
Yes
No
This R«qu«»t M««U OSWER Directive* System Format Standards.
of Lead Office Directives Coor
Date
7
Date
frective Coordinator
EPA Form 1315-17 (R«v. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER 0
VE DIRECTIVE DIRECTIVE DIRECTIVE
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OSWER Policy Directive No. 9476.00-14
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 20460
OP-ICE OP
SOLID WASTE AND EMERGENCY
MEMORANDUM
SUBJECT: /tJround-Water Monitoring at Clean-Closing Surface
^mpound.me.njk atyj Waste Pile Units
xi 'III/ *
FROM: j;t Win story'
Assistant Administrator
TO: Regional Administrators
Regions I-X
Several provisions of HSWA have made it necessary or
desirable for a number of owners or operators to close their
land disposal units. Many of these units are going through
"clean closure"; that is, removal of all waste residues,
contaminated containment system components, contaminated
subsoils, and structures and equipment contaminated with
waste and leachate. Several Regions have questioned whether
a clean closure demonstration requires ground-water
monitoring before the unit is declared clean for the purposes
of closure under sections 264.228(a), 264.258(a), 265.228(a),
or 265.258 (a). The purpose of this memo is to reiterate and
clarify Agency policy in this regard.
It has been the Agency's policy for some time that owners
and operators must not be allowed to "walk away" from units
with inadequate ground-water monitoring systems or with
ground-water contamination at closure. This policy has been
described in my August 27, 1985 memorandum regarding RCRA
policies on ground-water quality at closure, in the FY 1987
and 1988 RCRA Implementation Plans (RIP), and in the clean
closure policy outlined in the preamble to the final
"conforaiftC: changes" rule concerning clean closure of surface
impoundMOfe**. published in the Federal Register on March 19
1987 (52 fH 8704). If an adequate ground-water monitoring
system is"Tn. place, it is still the Agency's policy that as
part of the clean closure certification process EPA must
review ground-water monitoring data to verify that there is
no ground-water contamination from the unit(s).
,
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OSWER Policy Directive Mo. 9476-KXM-'
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There exists, however, a universe of Land disposal units
that may not have a ground-water monitoring system, or may have
an inadequate ground-water monitoring system in place at
closure. These include interim status waste piles, interim
status surface impoundments that contain corrosive-only
hazardous waste that are eligible for a waiver under section
265.90(e), interim status units exempted from ground-water
monitoring on the basis of the self-implemented waiver found in
section 265.90(c), or units simply failing to comply with the
Subpart F requirements.
Many of these units have already closed by removing waste
and certifying "clean closure" without assuring clean ground
water. Congress has made it clear that ground-water
contamination at treatment, storage, and disposal units must be
addressed. Section 3005(i) of RCRA requires all units receiving
hazardous waste after July 26, 1982 to comply with ground-water
monitoring standards established under Section 3004, regardless
of their current active or inactive status. Any closed interim
status unit covered under Section 3005(i) that does not meet the
40 CFR 264 clean-closure standard must be issued a post-closure
permit implementing the appropriate Subpart F program. In order
to avoid post-closure permit responsibilities, interim status
facilities that have "clean closed" will need to present
evidence that the "clean closure" is in compliance with the
Agency's clean-closure rules found in sections 264.228 and
264.258. (This position is clearly presented in the Final
Codification Rule, 52 FR 45788, December 1, 1987).
Reexamination of all prior clean closures should be performed as
suggested by the 1988 RIP and in concert with individual
Regional priorities.
We recognize, however, that under certain circumstances for
units that "clean-closed" under interim status a demonstration
that ground water is uncontaminated might be made without a
ground-water monitoring system in place. In order to preclude
the need for ground-water monitoring at a clean closing unit the
owner or operator" would need to meet the decontamination
standard as codified in section 270.1(c)(5) and (6) and make a
demonstration in accordance with applicable waiver requirements
found in section 264.90(b)(4). For clean-closing units at least
the following criteria would need to be met to assure compliance
with the if*d«ral closure performance standard (section 264.111):
1) Accurate historical data on wastes handled at the unit
have been carefully recorded, including a complete
analysis of waste composition and characteristics;
.2) The properties of the waste constituents together with
the geochemical environment of the soils show no
potential for migration to ground-water during the active
life and any post-closure care period; and
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OSWER Policy Directive No. 9476.00-14
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3) Other supportive data (e.g., an alternative monitoring
system or other geophysical verification) needed to
ensure protection of human health and the environment.
We recognize that these criteria for not requiring
ground-water monitoring are stringent. However, these
restrictions are necessary because the Part 264 clean-closure
demonstration may ultimately relieve the owner or operator of
any further Subtitle C responsibilities at the closing unit or
facility.
For those units authorized to operate under Section 3005(e)
that stopped receiving waste prior to July 26, 1982, several
tools exist for obtaining confirming data. Where the
Administrator has determined, based on any information, that
there has been a release of hazardous waste (or hazardous waste
constituents) from a facility into the environment, Section
3008 (h) may be used to perform studies (including ground-water
monitoring) and/or corrective measures, as necessary to protect
human health or the environment.
Where imminent and substantial endangerment can be
established, studies and corrective measures can be required
under Section 7003. Section 3013 could be used to collect data
and to implement ground-water monitoring/ where the presence or
the release of hazardous waste "may present substantial hazard"
to human health or the environment.
Where a permit for the facility is otherwise required,
corrective action (including ground-water monitoring) for
improperly "clean closed1* units may be effected under Section
3004 (u) during the permit process. In cases where an adequate
ground-water monitoring system has not been installed and there
is no valid ground-water monitoring waiver/ and/or where other
Subtitle C requirements have been violated, attempts at clean
closure, whether successful or not, should not preclude the
imposition of enforcement authorities/ for example under Section
3008 (a) to obtain remedies and/or penalties under Section
3008 (g).
u have any questions regarding the content of this
memoraadUBB. pl>aae contact Chris Rhyne of my staff at FTS
382-4693.'
cc: Waste Management Division Directors, Regions I-X
RCRA Branch Chiefs, Regions I-X
Permit Section Chiefs, Regions I-X
Enforcement Section Chiefs, Regions I-X
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