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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