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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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06/14/2007ENSURING EFFECTIVE AND RELIABLE INSTITUTIONAL CONTROLS AT RCRA FACILITIESMemo
 Description: This memorandum emphasizes the need for effective and reliable institutional controls at RCRA facility cleanups, corrective action, and closures where such controls are necessary to provide protection of human health and the environment. It sets forth a number of guiding principles and recommendations that can help EPA and state decision makers on the use of institutional controls at RCRA facilities.
 
04/01/2000POST-CLOSURE PERMIT RENEWALSQuestion & Answer
 Description: Owners and operators of land-based units that receive post-closure permits must renew permits every 10 years during post-closure care period. Owners and operators must submit information specified in 270.28 for post-closure permit renewal.
 
04/28/1999POST-CLOSURE RULE OPTIONS FOR ADDRESSING GROUNDWATER MONITORING FOR REGULATED UNITSMemo
 Description: EPA increased regulatory flexibility in addressing closure and groundwater monitoring for regulated units in Post-Closure rule (63 FR 56710; 10/22/98). Provisions provide regulators discretion to set out site-specific requirements in permit or other enforceable document.
 
10/01/1998Environmental Fact Sheet: Post-Closure Permit Amendment Addresses Corrective ActionPublication
 Description: This fact sheet announces EPA's removal of impediments to cleanup at hazardous waste facilities by amending closure and post- closure care requirements to expand regulatory options available to EPA and authorized states. It describes a rule to facilitate cleanup of hazardous and solid waste management units that may be similarly situated, but were formerly subject to two different requirements.
 
10/01/1997CHANGING FINANCIAL ASSURANCE MECHANISMS DURING POST-CLOSUREQuestion & Answer
 Description: TSDF owner/operators who switch to trust funds during the operating life of the facility are required to make an initial payment equal to the amount the fund would have contained if the fund were used initially. TSDFs switching to trust funds during post-closure have no pay-in period, and must ensure that the first payment is the full amount to cover post-closure care.
 
11/01/1996Environmental Fact Sheet: Assurance Mechanisms Finalized for Local Government Owners of MSWLFsPublication
 Description: The Local Government Financial Test was proposed December 27, 1993 in response to comments from local governments requesting flexibility in meeting the financial assurance requirements of the Solid Waste Disposal Criteria promulgated on October 9, 1991. The Test allows local governments to meet their financial assurance obligations for closure, postclosure care and corrective action pursuant to the Criteria by demonstrating their financial strength. The effective date for these financial assurance requirements is now April 9, 1997 (small, dry, or remote landfills have until October 9, 1997 to comply).
 
03/08/1996NEW INFLATION FACTORS FOR UPDATING FINANCIAL RESPONSIBILITY COST ESTIMATESMemo
 Description: Closure and post-closure cost estimates may be updated by using an inflation factor derived from dividing the latest GDP Implicit Price Deflator (IPD) by the deflator for the previous year. The GDP IPD has largely supplanted the GNP IPD referenced in the regulations. In January 1996, the Commerce Department published a new series of IPDs with a new base year of 1992. Cost estimates should use the new IPD values based on the new 1992 base year (NOTE: 1994 and 1995 IPD figures in this memo are incorrect).
 
02/15/1995Construction and Demolition Waste LandfillsPublication
 Description: Presents information on construction and demolition (C&D) waste landfills. Discusses the composition of C&D wastes, including any hazardous materials or constituents. Provides information on the quality of C&D landfill leachate, based on sampling data taken from landfills around the country. Contains a detailed summary of state regulations pertaining to C&D facilities. Identifies states that have regulations related to groundwater monitoring; corrective action; location restrictions; and facility design, operation, closure, and/or postclosure care; and provides the specifics of those regulations.
 
12/15/1994Environmental Fact Sheet: Revisions Proposed to Post-Closure Landfill RequirementsPublication
 Description: This fact sheet describes changes proposed to the post-closure care regulations for hazardous waste landfills under RCRA. The regulations recommend elimination of existing post-closure permit requirements and expansion of states' RCRA programs to include corrective action authority for interim status facilities.
 
11/15/1993Solid Waste Disposal Facility Criteria: Technical ManualPublication
 Description: This document was updated in April 1998 with a new introduction. Addresses general applicability of the Part 258 criteria, location restrictions, operating requirements, design standards, groundwater monitoring and corrective action, and closure and postclosure care for landfills. Includes the regulatory language, a general explanation of the regulations and who must comply with them, key technical issues that may need to be addressed to ensure compliance with a particular requirement, and information sources. Written for municipal solid waste landfill owners and operators.
 
03/15/1993Safer Disposal for Solid Waste: The Federal Regulations for LandfillsPublication
 Description: Summarizes the federal regulations covering landfill location, operation, design, groundwater monitoring and corrective action, closure and postclosure care, and financial assurance. Gives owners/operators and local officials dates for compliance and additional sources of information.
 
07/02/1992RCRA POST-CLOSURE PERMITS FOR REGULATED UNITS AT NPL SITESMemo
 Description: CERCLA section 121(e)(1) does not relieve a facility’s owner from the requirement to obtain a post-closure permit for a preexisting RCRA-regulated unit at an NPL site. Discusses possible resolutions to the conflicts between RCRA and CERCLA cleanups at the same site. The CERCLA Section 121(e)(1) permit waiver doesn’t apply to non-CERCLA actions (SEE ALSO: 63 FR 56711; October 22, 1998).
 
02/10/1992ENVIRONMENTAL GROWTH INITATIVEMemo
 Description: Discusses the Environmental Growth Initiative. Provides an overview of the RCRA Subtitle C reform initiatives growing out of the President's "90-Day Review of Regulations." Addresses concentration-based exemptions, universal treatment standards (UTS), post-closure permitting, remediation reforms, and the new Superfund paradigm.
 
10/01/1991TSDF CLOSURE/POST-CLOSURE AFTER LOSS OF INTERIM STATUSQuestion & Answer
 Description: An owner of a facility that has lost interim status (LOIS) must still comply with the Part 265 closure and post-closure requirements. a facility can lose interim status due to the owner’s failure to submit a certification of compliance with the groundwater monitoring and financial responsibility requirements.
 
05/02/1991CLOSURE STANDARDS FOR HAZARDOUS WASTE LAND TREATMENT UNITSMemo
 Description: Soil sampling is usually required during land treatment unit closure and post-closure as part of the unsaturated zone monitoring. If the treatment unit is removed as a part of clean-closure, the soil-core monitoring may be suspended at the completion of the closure period. Discusses guidance on intervals for, and duration of, soil sampling during closure and post-closure. There is no EPA-approved methods for determining degradation rates. Closure of a land treatment unit may take up to 360 days. Discussion of closure and post-closure standards for a land treatment units when migration of hazardous constituents has occurred. Discussion of closure standards when groundwater is contaminated at levels below alternate concentration levels specified in a facility permit. The post-closure period for a land treatment unit cannot be terminated until owner or operator has successfully demonstrates that all groundwater at the site is safe for all potential receptors. Discuses addressing migration of constituents of concern outside of the treatment zone during closure versus under corrective action. There are no regulatory provisions requiring corrective action when migratory constituent concentrations exceed regulatory levels of concern in groundwater at an interim status land treatment facility (3008(h)). Discussion of when closure is considered complete.
 
06/04/1990REGULATORY INTERPRETATION OF OBJECTION TO CLEAN-CLOSURE EQUIVALENCY PETITION FOR STEEL ABRASIVES, INC.Memo
 Description: All landfills, surface impoundments, waste piles, and land treatment units that received waste after July 26, 1982 are subject to post-closure permitting and Part 264 Subpart F standards unless the owner demonstrates that closure under the previous Part 265 standards met Part 264 closure by removal standards (SUPERSEDED: See 63 FR 56711; October 22, 1998). Under RCRA 3005(i), EPA has the authority to revisit interim status clean closures and require post-closure permits if closure does not meet closure by removal standards of Part 264. In order to demonstrate clean closure, an owner generally should remove “hot spots” of contamination.
 
10/01/1989INTEGRITY ASSESSMENT FOR HAZARDOUS WASTE TANKS AND POST-CLOSURE REQUIREMENTSQuestion & Answer
 Description: Tanks without secondary containment must comply with the closure/post closure requirements, even if the tank’s owner and/or operator completes a successful integrity assessment. An owner and/or operator must submit a closure plan for the decontamination of a tank system and a contingency plan for post-closure care. Post-closure care is required only if decontamination cannot be performed.
 
06/15/1989INTERPRETATION OF RCRA REGULATIONS PERTAINING TO THE REMEDIATION OF CONTAMINATIONMemo
 Description: Exemption from permitting requirements for emergency response is not valid after the immediate response is complete. The presence of soil or groundwater contamination may indicate disposal of hazardous waste requiring a facility to obtain a permit for land disposal, even if the owner has agreed to conduct a voluntary cleanup to the state’s specifications. A post-closure permit may be appropriate.
 
11/30/1988INTERIM STATUS SURFACE IMPOUNDMENTS & CLEAN CLOSED WASTE PILES, CODIFICATION RULE 12/01/87Memo
 Description: The owner of a surface impoundment or waste pile that received hazardous waste after 7/26/82 and clean closed per 265 standards must submit a post-closure permit application within 6 months of an EPA request (SUPERSEDED: See 63 FR 56711; 10/22/98). An owner of a waste pile clean closed per 265 should submit an equivalency demonstration before a Part B permit application is requested. Submitting an equivalency demonstration does not exempt the owner from having to submit a post-closure permit application.
 
11/01/1988ADJUSTMENT OF POST-CLOSURE TRUST FUNDS USED FOR FINANCIAL ASSURANCEQuestion & Answer
 Description: The state or Regional Administrator (RA) must approve a release of funds from a trust fund when the fund amount exceeds the remaining post-closure costs.
 
05/12/1988DEMONSTRATING EQUIVALENCE OF PART 265 CLEAN CLOSURE WITH PART 264 REQUIREMENTSMemo
 Description: Under 270.1(c), owners of interim status surface impoundments and waste piles who clean closed under the old Part 265 closure standards may demonstrate equivalency with the 264 closure standards. Discusses the contents of the demonstration equivalency and the procedures for submittal. If an attempt at a closure equivalency demonstration does not meet the 264 standards, the owner must submit a Part B permit application. Addresses the acceptability of specific information supporting equivalency demonstrations. An owner of an interim status landfill where waste was removed at closure can reclassify it as a waste pile and demonstrate clean closure equivalency, or the owner may request a shortened post-closure care period (SEE ALSO: 63 FR 56711; 10/22/98).
 
04/01/1988EFFECTIVE DATES FOR CHARACTERISTIC & LISTED WASTES PER 03/19/87 CLEAN CLOSURE REGULATIONMemo
 Description: Clarifies the applicability of the “Clean Closure Conforming Changes Rule” (52 FR 8704; 3/19/87) in authorized and unauthorized states. HSWA 3005(i) states that all units (e.g. surface impoundments) clean closed pursuant to the 265 standards are not relieved of post-closure care obligation until the owner demonstrates equivalency with the 264 standards.
 
04/01/1988GROUND-WATER MONITORING - COMPLIANCE PERIOD/POST-CLOSURE CARE PERIODQuestion & Answer
 Description: If the groundwater monitoring compliance period (CP) ends during the post-closure care period (PCCP), the groundwater detection monitoring program is reinstated until the PCCP is over. A facility could conceivably be required to start compliance monitoring or a corrective action program if further releases are detected. Provides a definition of the active life of a land unit.
 
04/01/1988GROUNDWATER MONITORING - ASSESSMENT MONITORING/CORRECTIVE ACTION AT CLOSED FACILITIESQuestion & Answer
 Description: An interim status facility that triggers a groundwater assessment program (265.93(d)) during post-closure is required to perform only one groundwater assessment. A facility that stopped receiving waste on or before 7/26/82 or closed on or before 1/26/83 would not require a post-closure permit. A 3013 enforcement order can require more groundwater monitoring. A 3008(h) interim status corrective action order can require remediation.
 
04/01/1988POST CLOSURE PLANS FOR HAZARDOUS WASTE TANKSQuestion & Answer
 Description: A permit can shield a tank owner/operator from the requirement to prepare a contingent post-closure plan. Contingent post-closure plans are only required for tanks without secondary containment. The region or state implementing agency may reopen and modify a permit issued before the tank regulations were revised (7/14/86) to require a plan if cause exists.
 
03/08/19883008(H) ORDERS OR POST-CLOSURE PERMITS AT CLOSING FACILITIES, USE OFMemo
 Description: Addresses the use of 3008(h) corrective action orders and post-closure permits with 3004(u) and 3004(v) authorities at facilities undergoing closure (SEE ALSO: 63 FR 56711; 10/22/98).
 
02/08/1988CLOSURE PERFORMANCE STANDARDMemo
 Description: EPA may use closure performance standards, post-closure permits, or 3008(h) orders to ensure effective closure. A closure performance standard can be used to require source control at a leaking surface impoundment. Closure must be consistent with future corrective action.
 
02/01/1988CLEAN CLOSURE OF INTERIM STATUS SURFACE IMPOUNDMENT AND WASTE PILEQuestion & Answer
 Description: Surface impoundments, waste piles, landfills, and land treatment units which received waste after 7/26/82 or certified closure after 1/26/83 must either have post-closure permits or demonstrate that clean closure was equivalent to Part 264 closure (270.1(c)) (SEE ALSO: 63 FR 56711; 10/22/98). Post-closure permits for these units would include Part 264 groundwater monitoring, unsaturated zone monitoring, corrective action and post-closure care.
 
12/17/1987CLOSURE AND POST-CLOSURE ISSUES FOR INTERIM STATUS SURFACE IMPOUNDMENTSMemo
 Description: EPA may extend the time allowed for the closure of a surface impoundment to allow groundwater corrective action so that the owner can achieve clean closure. Units closing by removal under Part 265 (e.g. surface impoundments, waste piles, and land treatment units) must obtain post-closure permits unless the owner demonstrates equivalence with 264.228, 264.280(e), or 264.258 closure by decontamination standards (SEE ALSO: 63 FR 56711; 10/22/98). The owner of an interim status landfill that has closed by removal and has not triggered groundwater assessment does not have to monitor groundwater for the full list of Appendix VIII or IX constituents. Groundwater evaluation conducted as part of the 265 clean-closure demonstration should establish constituents that could reasonably be expected to exist at the impoundment. A surface impoundment that has triggered groundwater assessment may not be able to clean close.
 
06/09/1987SURFACE IMPOUNDMENT CLOSURE, APPLICABILITY OF 3005(I) OF RCRA TOMemo
 Description: An owner who closes an interim status surface impoundment but does not demonstrate compliance with 265.228(a) closure by removal standards is subject to a post-closure permit, including groundwater monitoring and corrective action (SEE ALSO: 63 FR 56711; 10/22/98).
 
05/01/1987APPLICABILITY OF CONTINGENT CLOSURE AND POST-CLOSURE PLANSQuestion & Answer
 Description: Contingent closure and post-closure plans are required for all tanks that do no have secondary containment until secondary containment meeting 264.193 or 265.193 is installed.
 
01/15/1987RCRA Guidance Manual for Subpart G Closure and Postclosure Care Standards and Subpart H Cost Estimating RequirementsPublication
 Description: This document assists regions and states with implementation of closure and post-closure care and cost estimate regulations and helps owners and operators prepare plans and cost estimates to satisfy the regulations. The document also discusses site-specific factors that may affect closure and post-closure care activities and provides closure and post-closure checklists to assist in preparing and reviewing plans.
 
12/10/1986DENIAL OF RCRA OPERATING PERMITSMemo
 Description: EPA can deny a permit for the active life for a facility while requiring a post-closure permit.
 
11/20/1986POST-CLOSURE PERMIT REQUIREMENTS (ARMCO STEEL)Memo
 Description: The owner of a facility that ceased receiving hazardous waste on 1/26/83 and certified closure in 9/84 must obtain a post-closure permit (SUPERSEDED: See 63 FR 56711; 10/22/98).
 
10/08/1986CLOSURE AFTER CESSATION OF RECEIPT OF HAZARDOUS WASTEMemo
 Description: The goal of EPA’s closure regulations is to minimize the formation and migration of leachate to adjacent subsurface soil, groundwater, and surface water. EPA relies principally on the final cover to provide post-closure protection of groundwater.
 
10/01/1986POST-CLOSURE PERMITSQuestion & Answer
 Description: Post-closure permits are required at facilities that closed after 1/26/83 (SEE ALSO: 63 FR 56711; 10/22/98). Units are considered closed when a certification of closure is received, not when the unit ceases receiving hazardous waste (SEE ALSO: current 270.1(c)).
 
09/01/1986HAZARDOUS WASTE TANK CLOSURE AND POST-CLOSUREQuestion & Answer
 Description: If the owner or operator closing a hazardous waste tank after 1/12/87 cannot remove and decontaminate all soil, etc. he/she must close the tank as a landfill, and comply with the post-closure and financial responsibility requirements. EPA may issue a section 3008(h) corrective action order if necessary.
 
06/01/1986CORRECTIVE ACTION IN PERMITSQuestion & Answer
 Description: The section 3004(u) corrective action requirement for facilities seeking permits is not applicable to interim status facilities which convert to generator status or which close no land disposal units. Facilities without regular or post-closure permits must conduct corrective action for releases at a solid waste management units (SWMUs) under section 3008(h) or section 7003. The section 3008(h) orders may be issued after closure.
 
05/08/1986CLOSURE/POST-CLOSURE REGULATIONS/PARTIAL CLOSURE (EMELLE,AL)Memo
 Description: EPA modified the procedural requirements for partial closures and subsequent post-closure responsibilities in the May 2, 1986 Federal Register (51 FR 16422).
 
04/09/1986NEUTRALIZATION SURFACE IMPOUNDMENTS, GROUNDWATER MONITORING FOR CLOSURE OF INTERIM-STATUSMemo
 Description: Interim status surface impoundments may close per section 265.228(b) without groundwater wells but remain subject to a post-closure permit (SEE ALSO: 63 FR 56711; 10/22/98), close per section 265.288(c) and install wells when a post-closure permit is called, or close per section 265.228(b) with wells and show closure by removal (SUPERSEDED: see 3/19/87; 52 FR 8704).
 
02/01/1986THE OMNIBUS PROVISION AND PERMITSQuestion & Answer
 Description: Permit writers may use the omnibus provision when preparing post-closure permits to impose additional standards during post-closure. The RCRA section 3005(c)(3) omnibus provision is codified in 270.32(b)(2).
 
11/18/1985POST-CLOSURE PERMIT PART B REQUIREMENTSMemo
 Description: Certain information requirements for Part B operating permits are not relevant for permits covering only post-closure activities. EPA and States have authority to determine when a Part B permit application is complete. Discusses the minimum requirements for post-closure permits (SEE ALSO: Section 270.28).
 
10/01/1985PERSONNEL TRAINING DURING POST-CLOSUREQuestion & Answer
 Description: Personnel training may not be required during post-closure if the owner or operator of an interim status surface impoundment or landfill is no longer actively managing hazardous waste. The owner must address all of the information requirements of 270.14 and 270.17 in post-closure permit application.
 
10/01/1985WASTE PILES AND POST-CLOSURE PERMITS, APPLICATION OF NOVEMBER 1988 DEADLINE TOMemo
 Description: Waste piles, since they are land disposal units, should have had permit applications issued or denied by November 1988 (HSWA 3005(c)(2(A)(i)). Discusses priorities for issuing post-closure permits. EPA can apply 3008(h) or 3004(u) (through post-closure permits) at land disposal units with likely or actual releases (SEE ALSO: 63 FR 56711; 10/22/98).
 
09/25/1985POST-CLOSURE PERMITTING REQUIREMENTS FOR NON-REGULATED UNITSMemo
 Description: A land disposal unit that stopped receiving waste prior to 7/26/82 and closed after 1/26/83 is subject to post-closure permitting requirements but is not subject to 264 Subpart F groundwater monitoring (SUPERSEDED: see 270.1(c) and 63 FR 56711; 10/22/98). If the unit is closed under interim status, 265 groundwater monitoring applies. A land disposal unit in interim status post-closure is subject to 3008(h) for groundwater contamination. An interim status unit at facility which has another unit requiring a permit is subject to 3004(u) corrective action authority.
 
09/25/1985POST-CLOSURE PERMITTING REQUIREMENTS FOR NON-REGULATED UNITSMemo
 Description: A land disposal unit that stopped receiving waste prior to 7/26/82 and closed after 1/26/83 is subject to post-closure permitting requirements but is not subject to 264 Subpart F groundwater monitoring (SUPERSEDED: see 270.1(c) and 63 FR 56711; 10/22/98). If the unit is closed under interim status, 265 groundwater monitoring applies. A land disposal unit in interim status post-closure is subject to 3008(h) for groundwater contamination. An interim status unit at facility which has another unit requiring a permit is subject to 3004(u) corrective action authority.
 
08/27/1985GROUNDWATER QUALITY AT CLOSUREMemo
 Description: Groundwater quality is an integral part of closure for surface impoundments and waste piles. Post-closure permits, 3008(h) corrective action orders, and 3004(u) corrective action can be used to supplement interim status regulations. The approval and completion of closure by removal does not preclude the use of 3008(h) or 3004(u). A summary of 3005(i), 3004(u), and 3008(h) authorities as they pertain to surface impoundments and waste piles.
 
08/01/1985MINIMUM TECHNOLOGICAL REQUIREMENTSQuestion & Answer
 Description: The design, construction, and operation of a surface impoundment and landfill liners meeting interim statutory design of 3004(o)(5)(B) should prevent migration of hazardous constituents as long as unit remains in operation, including post-closure (SUPERSEDED: See 264.221(c), 265.221(c))
 
06/28/1985POST-CLOSURE PERMITSMemo
 Description: The post-closure permit and groundwater monitoring applicability for an interim status facilities are based on the date of the final waste receipt (SEE ALSO: 63 FR 56711; 10/22/98). Closure by removal does not preclude 3008(h) or 3004(u). Summary of closure by removal requirements. Discussion of Part B post-closure permit contents (SEE ALSO: 270.28).
 
12/18/1984PENALTIES FOR FAILURE TO SUBMIT A COMPLETE AND ADEQUATE PART B APPLICATIONMemo
 Description: EPA has the authority to assess civil penalties for the failure to submit a complete permit application (3008). Part 265 requirements apply to RCRA facilities until either a permit is issued or until all applicable Part 265 closure and post-closure responsibilities are fulfilled.
 
12/01/1984TERMINATION OF INTERIM STATUSQuestion & Answer
 Description: A facility that has had its interim status terminated remains subject to the interim status standards for closure, post-closure, and financial responsibility.
 
01/01/1984POST-CLOSURE REQUIREMENTS FOR SURFACE IMPOUNDMENTS LOCATED IN A 100 YEAR FLOOD PLAINQuestion & Answer
 Description: The floodplain requirement under 264.18(b) applies even during post-closure of a surface impoundment. If dikes are lowered to reduce the height of a closure cap, the owner or operator must demonstrate that the design will be protective.
 
12/09/1983CLOSURE COST ESTIMATESMemo
 Description: Provides an explanation of the financial test criteria. The “ratios” test, a predictor of bankruptcy, requires networking capital of at least six times the sum of the closure and post-closure cost estimates. The “bond rating test” assures the viability and credit-worthiness of a company.
 
01/11/1983CLOSURE & POST-CLOSURE REQUIREMENTS REGARDING HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIESMemo
 Description: Recontouring a final cover and adjusting in-place waste is not considered receipt of hazardous waste at a closed facility. Closure and post-closure plans are to account for vegetation and liquid inputs. Landfill closure standards require a final cover to minimze the migration of liquids through the closed landfill. Discussion of the addition of liquids during versus after closure (may be allowed during closure, including leachate recirculation, if part of closure plan). The recirculation of leachate during operation is not a closure activity. Receipt of hazardous waste after 1/26/83 causes impoundment or landfill to be a regulated unit, but redeposit of treated waste during closure does not make the unit regulated unit. If a landfill is a series of separately lined trenches, each trench is a separate waste management unit.
 
05/15/1982Financial Assurance for Closure and Post-Closure Care; Requirements for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; A Guidance ManualPublication
 Description: This document communicates information to ensure that adequate financial responsibility is provided for proper closure and post-closure care of hazardous waste facilities. The introduction provides a general background for understanding financial requirements and manual organization. An overview of requirements is included in Chapter II and subsequent chapters deal with trust funds, surety bonds, letters of credit, insurance, financial test and corporate guarantee, state-required mechanisms, and assumption of responsibility.
 
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