25217-2
BACKGROUND DOCUMENT NO. 2
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL;
STANDARDS APPLICABLE TO OWNERS AND OPERATORS
OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES; AND HAZARDOUS WASTE PEFMIT PROGRAM
(40 CFR 260, 264, and 122)
Permitting of Land Disposal Facilities; Waste Piles
This document (ms. 1941.35) 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 4
II. ANALYSIS OF STANDARDS Page 4
1. Applicability - §264.250 Page 4
2. General design requirements - §264.251 Page 5
3. General operating requirements - §264.252 Page 6
4. Inspection and testing - §264.254 Page 7
5. Closure and post-closure - §264.258 Page 8
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INTRODUCTION
General requirements for waste piles were promulgated at 46 FR
2870 on 12 January 1980, and amendments to §264.254 Inspection and
testing, were proposed at 46 PR 2896 on the same date. A background
document "General Comments on Storage, Subpart I - Standards for the
use of Management of Containers, Subpart L - Standards for Waste
Piles" dated 30 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
§264.250 - Applicability. This proposed regulation implements that
anticipated amendment to provide requirements applicable to waste
piles which are not used solely for storage or storage and treatment;
i.e., waste piles 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 piles which
are closed with waste left in place.
The interim status regulations for waste piles provide that
waste piles which are to be closed with waste left in place are
subject to Subpart N - Landfills. Some of the requirements of the
general regulations for landfills being proposed may not be
appropriate to waste pile management, and therefore the alternative
of closing a waste pile with waste left in place is provided in the
waste pile general requirements which are proposed. Ultimately,
the primary difference is one of language in that under the general
regulations, a waste pile which is closed with waste or waste
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residues left in place is still a waste pile rather than being
called a landfill. The appropriateness of this change, as a matter
of language, is obvious especially when the waste itself is to be
removed, but the supporting structure (base) or other control
systems (e.g. a leachate detection, collection, and removal systems,
dike, or berm) in contact with the waste during the active life of
the facility will not be removed.
I. NEED FOR REGULATION
The need for regulation of waste piles had been covered in
the Background Document "General Comments on Storage, Subpart I-
Standards for the use of Management of Containers, Subpart L -
Standards for Waste Piles" dated 30 December 1980.
II. ANALYSIS OF STANDARDS
1. Applicability - §§264.250
A. Proposed Regulations and Rationale
See the 30 December 1980 Background Document.
B. Summary of Comments
See the 30 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 264.250 is amended by removing the Comment.
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2. General Design Requirements - §264.251
A. Proposed Regulation and Rationale
See the 30 December 1980 Background Document
B. Summary of Comments
See the 30 December 1980 Background Document
C. Discussion
The proposed amendment, in effect, separates paragraph {b) of
the existing regulation into two parts. New paragraph (b) 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 not adverse effects will be
caused. New paragraph (c) explicitly retains all the requirements
of the 12 January 1980 regulation for those waste piles which are
used solely for storage or storage and treatment. The statement
that waste piles 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 waste piles are land disposal facilities
subject to all of the requirements being proposed. All land disposal
facilities are subject to the requirements of Subpart F - Ground-
water and air emission monitoring.
D. Regulatory Language
In §264.251, paragraph (b) is revised, and a new paragraph (c)
is added to read as follows:
§264.251 General design requirements.
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(b) A waste pile must be designed to prevent direct discharge
to surface water during the life of the pile.
(c) A waste pile that 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 during the life of the
pile;
(1) Must have a containment system which complies with
§264.253; and
(2) Is exempt from the requirements of Subpart F.
3. General Operating Requirements - §§264.252
A. Proposed Regulation and Rationale
See the 30 December 1980 Background Document.
B. Summary of Comments
See the 30 December 1980 Background Document.
C . Discussion
The amendment to this section merely provides that leachate
and"-run-off from a pile must be collected and controlled unless the
permit for the facility allows alternate handling. Since under the
regulatory amendments being proposed for land disposal facilities,
leachate discharge which is judged acceptable may be permitted this
escape clause to the existing regulation is required. Similarly,
run-off which will not be contaminated by the contents of the waste
pile and which will enter the land and become leachate may be found
acceptable and authorized by permit under the provisions of the
general land disposal facility regulations; and similar provisions
are appropriate. In addition, the Comment to the existing regulation
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has been deleted.
D. Regulatory Language
In §264.252, paragraph (c) is revised to read as follows:
§264.252 General Operating requirements.
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(c) Unless otherwise authorized by the permit for the facility,
leachate and run-off from the pile must be collected and controlled.
4. Inspection and testing - §264.254
A. Proposed Regulation and Rationale
See the 30 December 1980 Background Document.
B. Summary of Comments
See the 30 December 1980 Background Document.
C. Discussion
The amendments to this section are the same as those proposed
at 46 FR 2896 with respect to content. The language has been
changed slightly since the exception clause applies only to a sub-
set of the waste piles subject to this regulation rather than to
all waste piles. The codification has also been amended to correct
an error in codification in the 12 January 1981 proposed regulations,
D. Regulatory Language
In §264.254, new paragraphs (b) and (c) are added to read a§
follows:
§264.254 Inspection and testing.
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(b) The owner or operator of a waste pile must include in the
inspection plan required under §254.15 a schedule of inspection of
the devices for controlling wind dispersal (where required) and
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run-on, and any waste pile containment system under §264.253.
Except as otherwise provided in paragraph (c) of this Section, the
inspection schedule for a waste pile containment system must include
periodic removal of the waste pile and testing of the underlying
base to-ensure that it has not deteriorated to the point where it
is-no longer capable of containment, is already leaking, or is
otherwise in disrepair.
(cKIf it is impractical to remove the waste pile and test the
underlying base periodically because of the size of the pile or
the type:of base used (e.g., synthetic membrane which could be
damaged, during waste removal), the owner or operator may omit the
pile base inspection from his inspection plan, provided that the
waste pile has a leachate detection, collection, and removal system
as specified in §264.253(a)(3).
5. Closure and post-closure - §264.258
A. Proposed Regulation and Rationale
See the 30 December 1980 Background Document.
B. Summary of Comments
See the 30 December 1980 Background Document.
C. Discussion
This amendment is similar to the amendment to §264.252 in that
it provides that a waste pile 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 requirements of Subparts F,G,
and H apply to land disposal facilities with reference to post-
closure requirements.
As in §264.252, the Comment to the existing regulations has
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been deleted.
D. Regulatory Language
Section 264.258 is revised to read as follows:
§264.258 Closure and post-closure.
Unless otherwise authorized by the permit for the facility,
at closure, all hazardous waste and hazardous waste residues must
be removed from the pile and managed as a hazardous waste in
accordance with all applicable requirements of Parts 262-266 of
this chapter. Any component of the containment system containing
or contaminated with hazardous wastes or hazardous waste residues
must be decontaminated; or removed and also managed as a hazardous
waste.
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