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
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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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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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