oEPA
United SIMM
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9480.02(84)
TITLE: Addition of Closure and Post-Closure Contingency
Plan Requirements to 40 CFR 265.228 and 265.258
APPROVAL DATE: 3-13-84
EFFECTIVE DATE: 3-13-84
ORIGINATING OFFICE: Office of Solid Waste
3 FINAL
D DRAFT
STATUS:
[ I
t 1
A- Pending OMB approval
B- Pending AA-OSWER approval
[ j C- For review &/or comment
[ ] D- In development or circulating
REFERENCE (othar documents): headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PARTS 264 AND 265 - TECHNICAL REQUIREMENTS DOC: 9480.02(84)
Key Words: Closure
Regulations: 40 CFR 265.228, 265.258
Subject: Addition of Closure and Post-Closure Contingency Plan
Requirements to 40 CFR 265.228 and 265.258
Addressee: Anthony M. Montrone, Director, RCRA Enforcement Division,
Office of Waste Programs Enforcement
Originator: John P. Lehman, Director, Waste Management and Economics Division,
Office of Solid Waste
Source Doc: //9480.02(84)
Date: 3-13-84
Summary:
The Interim Status Standards for closure of surface impoundments (§265.228)
should include requirements for contingency plans, and financial responsibility
for those plans, if the impoundment is unlined or inadequately lined and is to
be closed as a storage unit. . Closure rules for waste piles (§265.258) should
also include closure and psot-closure contingency plan requirements. These
requirements will be included under.§265.228 and §265.258 in'the "Existing
Portion" liner amendment package, rather than as part of the Part 265 Con-
forming Changes rule package.
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Addition of Closure and Post-Closure Contingency Plan Requirements
to $$265.228 and 265.258
John P. Lehman, Director
Waste Management and Economics Division (WH-565)
Office of Solid Waste
Anthony M. Montrone, Director
Policy and Planning Staff (WH-527)
Office of Waste Proarama Enforcement
k • ••'.„ In .response to your memorandum of March 5, we agree that
the Interim Status Standards for closure of surface impoundments
(§265.228) should include requirements for contingency plans,
and financial responsibility for those plans, if the impoundment
is unlined or inadequately lined and is to be closed as a
storage unit. In addition, we believe that the closure rules
for waste piles ($265.258) should also include closure and
.post-closure contingency plan requirements. These changes
-would make these Part 265 sections identical to Part 264.
Howover, since the Part 264 closure and post-closure contingency
plan requirements are tied to the liner standards, and because .
Part 265 has no liner requirements, it is inappropriate for us ,.x-
.to add these proposed changes to the Part 265 Conforming Changes
rule package. •
,Tho contingency plan requirements can, however, be properly
made a part of our "Existing Portion" liner amendment package,
which proposes to require new units, replacement units, and
lateral expansions of existing units, to be lined as in Part
264. In addition, the "Existing Portion" package has a nearly
.identical schedule to the Part 265 Conforming Changes package.
Therefore, we will include proposed rules for contingency ..
plans and financial responsibility under SS265.228.and 265.258
in the "Existing Portion" liner amendment packaged
•'"' -»- •.*•"' * " " * " ^"~ * ' *%' .'
" . Thank you for calling this to our attention.
cc: John Skinner
Pred Lindsey
Ken Shuster
Bob Tonetti
WH-565E:Kent Anderson:pj:S206:382-4654:WSM:3/9/84
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