United States
             Environmental Protection
             Agency
         Office of
         Solid Waste and
         Emergency Response
     oEPA
DIRECTIVE NUMBER: 9905.1

TITLE: RCRA Policies on Ground-Water Quality at Closure


APPROVAL DATE:

EFFECTIVE DATE: 8/27/85

ORIGINATING OFFICE: OWPE

E FINAL

D DRAFT

 STATUS:


REFERENCE (other documents):
  OSWER     OSWER     OSWER
VE   DIRECTIVE   DIRECTIVE   Dl

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United States Environmental Protection Agency Interim Directive Number
n (- f^ Jt Washington, DC 20460
SfrtPA OSWER Directive Initiation Request 9905.1

Name of Contact Person
Virginia Steiner
Lead Office r—i
D OERR Q OWRE
D OSW Q AA.QSWER
Title
?RCRA Policies on Ground
Originator Information
Mail Code ro-7 Telephone Number
W-527 475-9329
Approved for Review
Signature of Office Director Date
Water Quality at Closure
Summary of Directive
Guidance on RCRA closure policies as affected by the 1984 Amendments,
especially in terms of groundwater quality at closure.
Closures
quality ground-water
§3005(i)
§3004 (u)
§3008(h)
Type of Directive (Manual. Policy Directive. Announcement, etc.) Status
D Draft D New
Guidance LJ Final D Revision
Does this Directive Supersede Previous Directive(s)? LJ Yes Lj No Does It Supplement Previous Directive(s)? LJ Yes LJ N°
If "Yes" to Either Question, What Directive (number, title)
Review Plan
D AA-OSWER D OUST
D OERR O OWPE
D OSW D Regions
U OECM LJ Other (Specify)
D OGC
D OPPE
This Request Meets OSWER Directives System Format
Signature of Lead Office Directives Officer
Signature of OSWER Directives Officer
Date
Date
EPA Form 1315-17(10-85)

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           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                       WASHINGTON, D.C. 20460
                           AUG 2 7 1985
                                                        OFFICE OF
                                               SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM

Subject:  iRCRA palLcMas on ground-Water Quality at  Closure

From:     ^sWifyptow Portafr
          /Assistant Admii/istrator

To:       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  close 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-Amendment closure process.  We
intend to^raake 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 RCRA 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:

     §3005(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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                               -3-

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•

     S3008(h) allows corrective action to be required at any
interim status facility with a release of hazardous waste into
the environment.  This authority may be used in tandem with the
closure process to require corrective action during .or after
closure.

Additional Guidance

     This is the first in a series of guidance raemos that will
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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