25217-1
BACKGROUND DOCUMENT NO. 1
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL;
STANDARDS APPLICABLE TO OWNERS AND OPERATORS
OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES; AND HAZARDOUS WASTE PERMIT PROGRAM
(40 CFR 260, 264, and 122)
Permitting of Land Disposal Facilities; Surface Impoundments
This document (ms. 1941.34) provides background
information on EPA's proposed regulations for
land disposal of hazardous waste
U.S. ENVIRONMENTAL PROTECTION AGENCY
July 1981
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TABLE OF CONTENTS
INTRODUCTION Page 3
I. NEED FOR REGULATION Page 3
II. ANALYSIS OF STANDARDS Page 3
1. Applicability - §264.220 Page 3
2. General design requirements - §264.221 Page 4
3. Closure and post-closure - §264.228 Page 6
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INTRODUCTION
General requirements for surface impoundments were promulgated
at 46 FR 2868 on 12 January 1980. A background document " Sub part K
- General Standards for Surface impoundments Used for Treatment or
Storage" dated 29 December 1980 was prepared to support that
regulation.
At the time of that promulgation, amendment of the regulation
was anticipated in conjunction with the promulgation of the generic
regulations for land disposal facilities (See the Comment to
§264.220 - Applicability). This proposed regulation implements that
anticipated amendment to provide requirements applicable to surface
impoundments which are not used solely for storage or storage and
treatment; i.e., surface impoundments from which discharge into
the land may occur and be found acceptable based on the anlysis
requirements of the generic land disposal facility regulations.
This includes all surface impoundments which are closed with waste
left in place.
I. NEED FOR REGULATION
The need for regulation of surface impoundments has been
covered in the background document "Subpart K - General Standards
for Surface Impoundments used for Treatment or Storage" dated 29
December 1980.
II. ANALYSIS OF STANDARDS
1. Applicability - §§264.220
A. Proposed Regulations and Rationale
See the 29 December 1980 Background Document.
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B. Summary of Comments
See the 29 December 1980 Background Document.
C . Discussion
The comment to this section of the regulation provided notice
that the regulatory amendment being proposed in this regulation was
anticipated. The regulation merely provides that this comment be
deleted since the anticipated action will be taken when these
regulations are finalized.
D. Regulatory Language
Section 264.220 is amended by removing the Comment.
2. General design requirements - §264.221
A. Proposed Regulations and Rationale
See the 29 December 1980 Background Document.
B. i3ununary of Comments
See the 29 December 1980 Background Document.
C. Discussion
The proposed amendment, in effect, separates paragraph (c) of
the existing regulation into two parts. New paragraph (9) adds the
work direct to the language which prevented discharge to surface
waters to clarify that overland discharge to surface waters will.
not be permitted, but that leachate discharge to surface waters may
be found acceptable and permitted if no adverse effects will be
caused. New paragraph (d) explicitly retains all the requirements
of the 12 January 1980 regulation for those surface impoundments
which are used solely for storage or storage and treatment, and
new paragraphs (e) and (f} retain the requirements applicable to
those surface., impoundments which are designed and constructed with
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dikes or leachate detection, collection, and removal systems. The
statement in new paragraph (d) that surface impoundments used
solely for storage or storage and treatment are exempt from the
requirements of Subpart F is added since the implicit effect of
the amendment read in conjunction with the generic land disposal
facility regulations (See §264.19 - Land disposal facilities) is
that surface impoundments are land disposal facilities subject to
all of the requirements being proposed. All land disposal facilities
are subject to the requirements of Subpart F - Groundwater and
air emission monitoring.
D. Regulatory Language
In §264.221, paragraph (c) is revised, paragraph (d) is
redesignated as paragraph (e), paragraph ( e) is redesignated
as paragraph {f), and a new paragraph (d) is added to read as
follows:
§264.221 General design requirements.
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(c) A surface impoundment must be designed to prevent direct
discharge to surface water (except discharges authorized by an
NPDE'S permit) during the life of the impoundment.
(d) A surface impoundment which is designed to be used solely
for storage or storage and treatment and to prevent discharge into
the land and ground water, and to surface water (except discharges
authorized by an NPDES permit) during the life of the impoundment;
(1) Must have a containment system which complies with
§264. 223(b) ; and
(2) is exempt from the requirements of Subpart F.
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(e) Dikes must be designed with sufficient structural integrity
to prevent massive failure without dependence-oaoqny i liners system.'
included in the surface impoundment design.;.
(f) A leachate detection, collection, and removal system must
be designed so that liquid will flow freely from the collection
system to prevent the creation of pressure head within the collection
system in excess of that necessary to cause the liquid to flow.freely.
3. Closure and Post-closure - §264.228
A. Proposed Regulation and Rationale
See the 29 December 1980 Background .Document.
B. Summary of Comments
In the 29 December I960 Background Document: it;.was,stated
that "most of the comments recieved on proposed?§250.-4S-i-3e .a-re
applicable to .surface impoundments which discharge :into the'land,
and will, therefore, be addressed when regulations,.applicable to
impoundments which may discharge are promulgated". This-was ^the
apparent intent when that document was written, however upon
examination of the comments received and discussed it was found
that all applicable comments regarding surface impoundments which
discharge into the land due to closure with waste left in place had
been addressed in the 28 April 1980 background document "Final
interim Status Standards for Surface impoundments" (See pages
66-79) .
C. Discussion
This amendment provides that a surface impoundment may be
closed with waste in place as a land disposal facility. The title
has been changed to add the phrase "and post-closure" as all the
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requirements of Subparts F,G, and H apply to land disposal facilities
witdv- referencelto.ipost-elosbre requirements.
The Comment to the existing regulations has been deleted.
D. Regulatory Language
Section 264.228 is revised to read as follows:
§264.228: Closure and post-closure.
•Unless otherwise authorized in the permit for the facility,
at closure, all hazardous waste, and hazardous waste, residues
must be removed from the impoundment and managed as a hazardous
waste in accordance.withJail applicable requirements of Parts
262 - 266 of this chapter. Any component of the containment system
or any appurtenant structares or equipment (e.g., discharge platforms
and pipes, and.baffles, skimmers, aerators, or other equipment)
containing or .-contaminated with hazardous waste or hazardous waste
residues must be decontaminated; or removed and also managed as a
hazardous waste".
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