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 ------- 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. ------- \ 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. ------- -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 ------- -3- 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 ------- |