vv EPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER:  9476.02(35)

TITLE: RCRA Policies on Ground-Water Quality at closure



APPROVAL DATE  8-27-85

EFFECTIVE DATE  8-27-85
                ORIGINATING OFFICE:

                0 FINAL

                D DRAFT
               Office of Solid Waste
                 STATUS:
            [ ]  A- Pending OMB approval
            [ j  B- Pending AA-OSWER approval
            [ "]  C- For_review &/or comment
            [ ]  D- In development or circulating

REFERENCE (other documents):      headquarters
  OSWER      OSWER      OSWER
fE    DIRECTIVE   DIRECTIVE    D

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PARTS 264-265  SUSPART G - CLOSURE AND POST-CLOSURE


Key1 Words:     Closure, Ground-Water Monitoring, HSWA

Regulations:  40 CFR Part 265 Subparts F and G

Subject:      RCRA Policies on Ground-Water Quality at closure

Addressee:     Regional Administrators, Regions I-K

Originator:    J. Winston Porter, Assistant Administrator

Source^Boc:    #9476.02(85)
                                                DOC:  9476.02(35)
Da te-V

Summary:'
8-27-85'
     This memo provides general guidance on RCRA closure policies as affected by
the 1984 Amendments, especially in terms of ground-water quality at closure.

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    \        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
    f                    WASHINGTON, D.C. 20460

i r*&                     '             .—,- i-
                              AUG 2 7 I9*3
                                                          OPFICE OP
                                                 SOLID WASTE AND EMERGENCY RESPONSE
  MEMORANDUM

  Subject:  iRGRA &plL£j&s on /Ground-Water  Quality  at  Closure
            vK^v// S/ILtur  /j^Z
  From:     J^Wifvjitow Porter
     '••  .    ^Assistant Administrator      .;:     •"• "              :

  T.o:       Regional "Administrators
            Regions I-X


  Background

       As a result of the Hazardous and  Solid  Waste Amendments  of
  1984, we expect that an unprecedented  number of  facilities  will
  close one or more hazardous  waste management units  during  the
  coming months.  Moreover, many of these  units  will  clos'e  because
  they are unable to certify compliance  with applicable  ground-water
  monitoring and financial responsibility  requirements on  November 8.,
  1985.  Overall, perhaps one  half of.all  existing surface  impound-
  ments may close before the effective date of the retrofitting pro-
  visions in 1988.  Given the  number  and significance of these
  closures, it is essential that EPA  and the States take steps  to
  ensure proper implementation of RCRA requirements as these  facil-
  ities close.  This memorandum is intended to provide general
  guidance on RCRA closure policies as affected  by the 1984  Amend-
  ments, especially in terms of ground-water quality  at  closure.

       The Amendments generally confer broad authority on  the Agency
  to assure that hazardous waste management units  are operated  and
  closed in a manner that protects human health  and the  environment.
  In particular/ the Agency now has several authorities  for  ensuring
  ground-water quality and conducting corrective action  at  and  after
  closure, in addition to the  pre-Amendmenfc closure process..   We
  intend to make full use of these authorities to  be  sure  that
  improper closures do not occur.

       Close attention to closures follows  from  practical  concerns
  as well.  In many cases, closure is the  last time that a  facility
  comes under the close scrutiny of RCRA.   Lack  of attention to
  environmental problems at the time  of  closure  may lead to an
  increase in the number of Superfund sites several years  in the
  future.

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                               -2-


New Closure Policies

     In the past, there has been some uncertainty regarding
what level of clean-up is required at closure.  Facilities were
allowed to close in some cases without an adequate ground-water
monitoring system in place or without a plan to respond to con-
tamination.

     We must be clear that ground-water quality is an integral
aspect of RGRA closure.  Owners: and operators must not be allowed
to "walk away* from- units with inadequate monitoring systems and
ground-water contamination at closure.  In many cases, the interim
status regulations (Part 265, Subparts F and G) can and should be
used to address ground-water quality issues at closure.  Post-
closure permits, corrective action orders (RCRA §3008(h)), and
corrective action authority under RCRA S3004(u) can and should
be used when applicable and necessary to supplement these regula-
tions to address contaminated soils or ground water at closing
facilities.  For example, approval and completion of a closure by
removal under $§265.228-or 265.258 does not preclude the Agency's
ability to use 3008"(h) orders, 3004(u) authority, or other appli-
cable RCRA provisions as necessary.

     For facilities with closing land disposal units, the facility
management process (as described in the FY 86 RIP) will be used
to determine the most appropriate course of action.  The strategy
for each facility will depend upon the specific facts of each
case.  All closures, however, should be guided by the principles
outlined in this memorandum.

New Authorities

     Several new tools are available to the permitting and
enforcement programs to supplement the closure process of
Part 265.   These new authorities should be used (when applicable
and within the context of overall Agency priorities) to assure
that adequate ground-water monitoring and protection are imple-
mented at closing facilities.  The following provisions of the
1984 Amendments give the Agency broad new authority to address
potential soil and ground-water contamination at closure:

     S3005(i)  changes the definition of "regulated unit" in
§264.90(a) to include units that received waste after July 26,
1982 (from the current date of January 26, 1983).  This expands
the universe of facilities that is subject to the requirements
of Part 264, Subpart F, through a post-closure permit.

     §3004(u)  requires corrective action for releases from solid
waste management units, and from regulated units  (for releases

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other than ground-water releases), at  facilities  seeking  RCRA
permits.  This authority may be used when a closed or  closing
unit is located at a facility which is receiving  either an operat-
ing or post-closure permit.

     §3008(h) allows corrective action to be required  at  any
interim status facility w-ith a release of hazardous waste into
the environment.  This authority may be used ir. tandem with the
closure process to require corrective  action during or. after
closure.

Additional Guidance              .......         .  .....   ...

     This is the first in a series of guidance memos that wall
be issued regarding the closure of hazardous waste management
facilities.  Future guidance will address in detail the issues
raised in this memo, including technical and policy guidance for
closure by removal and post-closure care.  I encourage you to
contact my staff to discuss any of the issues regarding
closure and to identify any areas in which Headquarters should
be preparing additional guidance.

cc:   John Skinner
      Gene Lucero
      Bill Hedeman
      OSW Senior Staff
      Peter Cook
      Lloyd Guerci
      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
      Mark Greenwood

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