vvEPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER:
                               9476.00-16
                TITLE. Effective Dates.,for Characteristic and Listed
                     Wastes per March'19,; 1987 Clean Closure- -  '
                     Regulation

                APPROVAL DATE:  Aprii i, 1988

                EFFECTIVE DATE:  April 1, 1988

                ORIGINATING OFFICE: office of solid waste

                0 FINAL

                D DRAFT
                           '  ;
                  STATUS    f :!  «" .fending OMB'approval V.
                  OIMIUO      .j  B- Pending AA-OSWER approval
                           r  ~J  n~"^°r revlew'f/°r comment^
                           I  J.  D-. In development or circulating

                REFERENCE (other documents):      headquarters
  OS WER       OS WER       OS WER
/£   DIRECTIVE    DIRECTIVE    D

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                              nie   46s cnvtronmcnd  roeion gency
                                    Washington. DC 20460
                   oswER Directive Initiation Request
                                                               1. Directive Number

                                                                 9476.00-16
                                    2. Originator Information
      Name of Contact Person
        Sharon Frey
                               Mail Code
                               WH-563
Office
      OSW
Telephone Code
(202) 475-6725
      3. Title
             Effective -Dates  for Characteristic  and Listed Wastes  per March 19, 1987
             Clean Closure  Regulation
      4. Summary of Directive (include brief statement of purpose)
       The March 19, 1987 rule became effective  in unauthorized states on September 15,  1987
       The date on which the clean closure policy outlined in the preamble may be applied in
       authorized states will depend on whether  the wastes in question are listed or charac-
        teristic.- The deadline by which authorized states must incorporate the March 19, 198
       regulatory changes is July  1988.	
      5. Keywords
               Closure / State Authorization
      6a. Does This Directive Supersede Previous Directive(s)?
       b. Does It Supplement Previous Directive^)?
                                           SXX
                                        No
                                              No
      Yes    What directive (number, title)
                                                 Yes   What directive (number, title)
      7. Draft Level
           A - Signed by AA/DAA
                          B - Signed by Office Director
       C - For Review & Comment
          D - In Developmer
8. Document to be distributed to States by Headquarters?
XXX

Yes


No
       This Request M««ts OSWER DlreetlvM System Format Standards.
      9. Signature of Lead Office Directives Coordinator
                                                               Date
                                                                             f,  1126
10. Name and nile of

  Peter
                                                                     Date
                                    Directives Officer
      EPA Form 1315-17 (Rtv. 5-87) Previous editions are obsolete.
   OSWER           OSWER                OSWER                0
VE     DIRECTIVE          DIRECTIVE         DIRECTIVE

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                                     QSWER Directive No, 9476.00-16
     i        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
     9     "              WASHINGTON, D.C.  20460
                                                          OFFICE OF
                                                  SOLID WASTE AND EMERGENCY PIESPOr
 APR
MEMORANDUM

SUBJECT:  Effective Dates for Characteristic and Listed Wastes
          per March 19, 1987 Clean Closure Regulation

FROM:     Sylvia K. Lowrance, Directo^wA—  7^- 0***   "
          Office of Solid Waste  (WH-562)0

TO:       Waste Management Division Directors
          Regions I-X

    Several regions have raised questions about the effective
date of the Clean Closure Conforming Changes Rule of March 19,
1987 (52 FR 8704) and, in particular, have asked whether the
clean closure standards discussed in the preamble to the rule
(52 FR 8705) apply in authorized states.  The  purpose of this
memorandum is to clarify the applicability of  the March 19, 1987
rule.
 *
    As you know, the Clean Closure Conforming  Changes rule made
several conforming changes to the Part  265 closure and
post-closure regulations for surface impoundments.
Additionally, the Agency set forth its  interpretation of these
regulatory requirements in the preamble to the rule.  In
particular, the rule changed the closure by  removal standards
under Part 265 to be consistent with Part  264  standards.  A key
feature of this change was to amend the 265  closure by  removal
standards for characteristic wastes.  Under  the old closure by
removal standard, "clean closure" could be achieved if  the owner
or operatof-^ononstrated that remaining materials did not
exhibit tlk|^characteristic that  first brought  the unit  under
control. vQbder amended s265.228(a), however,  surface
impoundment^ containing characteristic  wastes  as well as  those
containing listed wastes must "remove"  all waste residues,
including hazardous waste constituents  derived from the waste.
The preamble to the Conforming Changes  rule  provides  guidance on
determining when "removal" of waste residues has been achieved.

    According to the preamble  (52 FR 8706),  "removal" under
§265.228(a)(1) means removal of  all wastes and liners,  and the
removal of leachate and materials contaminated with the waste or
leachate (including ground water) to levels  that are  protective
of human health and the environment.  Owners/operators  must

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                                         OSWER Directive No, 9476.00-16

                               -2-


demonstrate that any hazardous constituents left in the soils,
subsoils or groundwater would not cause unacceptable risks to
human health or the environment.  These demonstrations must
document that the contaminants do not contaminate any
environmental media in excess of Agency-recommended limits.  The
Agency-recommended limits include water quality standards and
criteria and health-based limits based on verified reference
doses (RfDs) and Carcinogenic Potency Factors (CPFs).  If no
Agency-recommended limits exist for a hazardous constituent,
then the owner/operator must remove the constituent down to
background levels, submit data of sufficient quality for the
Agency to determine the environmental and health effects of the
constituent, or follow landfill closure and post-closure
requirements.

    The March 19, 1987 rule became effective in unauthorized
states on September 15, 1987.  The date on which the clean
closure policy outlined in the preamble may be applied in
authorized states will depend on whether the wastes in question
are listed or characteristic.  For characteristic wastes, the
policy would not apply until the authorized state had adopted
the new regulation at §265.228(a)(1) - - until that time
facilities could continue to clean close by demonstrating that
remaining materials did not exhibit the characteristic that
brought the waste into the system (i.e., the demonstration
required under the former rule).  The deadline by which
authorized states must incorporate the March 19, 1987 regulatory
changes is July 1988.  For listed wastes, on the other.hand, the
policy may be applied in authorized states immediately, since
the preamble interprets regulations that should already be
adopted as part of the authorized state program.

    Regardless of whether a specific state has adopted these
regulatory changes, owners and operators should be reminded of
the statutory requirements of §3005(i) of HSWA.  Units which
clean close pursuant to Part 265 standards will not be relieved
of post-closure care obligations until they demonstrate
"equivalency" with Part 264 clean closure standards  (see  52 F.R.
45788).  Accordingly, owners and operators of facilities  who
wish to clean close should be encouraged to perform  such
closures in accordance with Part 264 standards.

    If you have any questions, please call Sharon Frey at FTS
475-6725.

cc:  Region Counsel, Regions I-X

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