&EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9476.04(85)
TITLE: Applicability of Post-Closure Permitting Re-
quirements to Non-Regulated Units
APPROVAL DATE: 10-25-85
EFFECTIVE DATE: 10-25-85
ORIGINATING OFFICE:
Q FINAL
of Solid Waste
D DRAFT
STATUS:
REFERENCE (other document*):
[ ] A- Pending OMB approval
[ j B- Pending AA-OSWER approval
[ ] C- For review &/or comment
[ ] D- In development or circulating
headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PARTS 264-265 SUBPART G - CLOSURE AND POST-CLOSURE
DOC: 9476.04(85)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Post-Closure, Interim Status, Closure
40 CFR 265.117, 270.l(c)
Applicability of Post-Closure Permitting Requirements to Non-
Regulated Units
Charles E. Finley, Director, Hazardous Waste Division, Region X
Marcia E. Williams, Director, Office of Solid Waste
//9476.04(85) .
10-25-85
The memo clarifies several issues regarding closure for receiving facilities
that stopped receiving waste prior to July 26, 1982. Land disposal units that
stopped receiving wastes prior to July 26, 1982, and closed after January 26,.
1983, are subject to the post-closure permit requirements of §270.l(c), but not
the ground-water monitoring requirements of Part 264 Subpart F. Part 265 ground-
water monitoring requirements are applicable only to interim status units and
cannot be incorporated in a permit.
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9476.04 (85)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
^rn 1 K ••" " SOLID WASTE AND EMERGENCY RESPONSE
OCi C. 0 i~«~
MEMORANDUM
SUBJECT: Applicability of Post-Closure Permitting
Requirements to Non-Regulated Units
FROM: Marcia E. Williams, Director
Office of Solid Waste
TO: Charles E. Finley, Director
Hazardous Waste Division, Region X
In your memorandum of May 20 (attached) and in phone
conversations with Jeff Webb of your staff, you requested
clarification on several points regarding closure for disposal
facilities that stopped receiving waste prior to July 26, 1982.
'Outlined below is a discussion of those points.
We agree with your interpretation that land disposal units
that stopped receiving wastes prior to July 26, 1982 and closed
after January 26, 1983 are subject to the post-closure permit
requirements of §270.l(c), but not ground-water monitoring
requirements of Part 264 Subpart F. We do not agree with your
conclusion, however, that such a permit could require compliance
with Part 265 ground-water monitoring requirements. 'Part 265 is
applicable only to interim status units and cannot be incorporated
into a permit.
If the unit described above is the only unit at the facility
subject to permitting, issuance of a post-closure permit would
have little benefit since ground-water monitoring requirements
cannot be applied. The unit/facility in this case should be
closed under interim status, and thus subject to the general
closure performance standards of Part 265 and post-closure ground-
water monitoring (§265.117), as applicable. If the unit has
.caused ground-water contamination, enforcement action to compel
corrective action under §3008(h) should be initiated. Alternatively,
if the unit is located at a facility which has another unit(s)
requiring a permit, the 3004(u) corrective action authority would
apply when the permit is issued since the unit is a "solid waste
management unit."
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If you have any further questions regarding this issue, please
contact Dave Fagan, Acting Manager, Permits Policy Program at
•?flO_A7An .
382-4740.
Attachment
cc: RCRA Branch Chiefs
Permit Section Chiefs
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REPLY TO
ATTN OF:
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Seattle, wli
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