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 ------- 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. ------- 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 ------- |