40 CFR Part 264 -- STANDARDS FOR
OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
§264.114 Disposal or decontamination of equipment, structures and soils.
During the partial and final closure periods, all contaminated equipment, structures and
soils must be properly disposed of or decontaminated unless otherwise specified in
§§264.197, 264.228, 264.258, 264.280 or §264.310. By removing any hazardous wastes or
hazardous constituents during partial and final closure, the owner or operator may become
a generator of hazardous waste and must handle that waste in accordance with all
applicable requirements of Part 262 of this chapter.
(51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53 FR 34086, Sept. 2,
1988)
§264.115 Certification of closure.
Within 60 days of completion of closure of each hazardous waste surface impoundment, waste
pile, land treatment, and landfill unit, and within 60 days of the completion of final
closure, the owner or operator must submit to the Regional Administrator, by registered
mail, a certification that the hazardous waste management unit or facility, as applicable,
has been closed in accordance with the specifications in the approved closure plan. The
certification must be signed by the owner or operator and by an independent registered
professional engineer. Documentation supporting the independent registered professional
engineer's certification must be furnished to the Regional Administrator upon request
until he releases the owner or operator from the financial assurance requirements for
closure under §264.143(i).
§264.116 Survey plat.
No later than the submission of the certification of closure of each hazardous waste
disposal unit, the owner or operator must submit to the local zoning authority, or the
authority with jurisdiction over local land use, and to the Regional Administrator, a
survey plat indicating the location and dimensions of landfills cells or other hazardous
waste disposal units with respect to permanently surveyed benchmarks. This plat must be
prepared and certified by a professional land surveyor. The plat filed with the local
zoning authority, or the authority with jurisdiction over local land use, must contain a
note, prominently displayed, which states the owner's or operator's obligation to restrict
disturbance of the hazardous waste disposal unit in accordance with the applicable subpart
G regulations.
§264.117 Post-closure care and use of property.
(a)(1) Post-closure care for each hazardous waste management unit subject to the
requirements of §§264.117 through 264.120 must begin after completion of closure of the
unit and continue for 30 years after that date and must consist of at least the following:
(i) Monitoring and reporting in accordance with the requirements of subparts F, K, L, M,
N, and X of this part; and
(ii) Maintenance and monitoring of waste containment systems in accordance with the
requirements of subparts F, K, L, M, N, and X of this part.
(2) Any time preceding partial closure of a hazardous waste management unit subject to
post-closure care requirements or final closure, or any time during the post-closure
period for a particular unit, the Regional Administrator may, in accordance with the
permit modification procedures in Parts 124 and 270:
(i) Shorten the post-closure care period applicable to the hazardous waste management
unit, or facility, if all disposal units have been closed, if he finds that the reduced
period is sufficient to protect human health and the environment (e.g., leachate or
ground-water monitoring results, characteristics of the hazardous wastes, application of
advanced technology, or alternative disposal, treatment, or re-use techniques indicate
that the hazardous waste management unit or facility is secure); or
(ii) Extend the post-closure care period applicable to the hazardous waste management unit
or facility if he finds that the extended period is necessary to protect human health and
the environment (e.g., leachate or ground-water monitoring results indicate a potential
for migration of hazardous wastes at levels which may be harmful to human health and the
environment).
(b) The Regional Administrator may require, at partial and final closure, continuation of
any of the security requirements of §264.14 during part or all of the post-closure period
when:
(1) Hazardous wastes may remain exposed after completion of partial or final closure; or
(2) Access by the public or domestic livestock may pose a hazard to human health.
(c) Post-closure use of property on or in which hazardous wastes remain after partial or
final closure must never be allowed to disturb the integrity of the final cover, liner(s),
or any other components of the containment system, or the function of the facility's
monitoring systems, unless the Regional Administrator finds that the disturbance:
(1) Is necessary to the proposed use of the property, and will not increase the potential
hazard to human health or the environment; or
(2) Is necessary to reduce a threat to human health or the environment.
(d) All post-closure care activities must be in accordance with the provisions of the
approved post-closure plan as specified in 264.118.
(51 FR 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987)
§264.118 Post-closure plan; amendment of plan.
(a) Written Plan. The owner or operator of a hazardous waste disposal unit must have a
written post-closure plan. In addition, certain surface impoundments and waste piles from
which the owner or operator intends to remove or decontaminate the hazardous wastes at
partial or final closure are required by §§264.228(c)(1)(ii) and 264.258(c)(1)(ii) to
have contingent post-closure plans. Owners or operators of surface impoundments and waste
piles not otherwise required to prepare contingent post-closure plans under
§§264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post-closure plan to the
Regional Administrator within 90 days from the date that the owner or operator or Regional
administrator determines that the hazardous waste management unit must be closed as a
landfill, subject to the requirements of §§264.117 through 264.120. The plan must be
submitted with the permit application, in accordance with §270.14(b)(13) of this chapter,
and approved by the Regional Administrator as part of the permit issuance procedures under
Part 124 of this chapter. In accordance with §270.32 of this chapter, the approved
post-closure plan will become a condition of any RCRA permit issued.
(b) For each hazardous waste management unit subject to the requirements of this section,
the post-closure plan must identify the activities that will be carried on after closure
of each disposal unit and the frequency of these activities, and include at least:
(1) A description of the planned monitoring activities and frequencies at which they will
be performed to comply with subparts F, K, L, M, N, and X of this part during the
post-closure care period; and
(2) A description of the planned maintenance activities, and frequencies at which they
will be performed, to ensure:
(i) The integrity of the cap and final cover or other containment systems in accordance
with the requirements of subparts F, K, L, M, N, and X of this part; and
(ii) The function of the monitoring equipment in accordance with the requirements of
subparts, F, K, L, M, N, and X of this part; and
(3) The name, address, and phone number of the person or office to contact about the
hazardous waste disposal unit or facility during the post-closure care period.
(c) Until final closure of the facility, a copy of the approved post-closure plan must be
furnished to the Regional Administrator upon request, including request by mail. After
final closure has been certified, the person or office specified in §264.188(b)(3) must
keep the approved post-closure plan during the remainder of the post-closure period.
(d) Amendment of plan. The owner or operator must submit a written notification of or
request for a permit modification to authorize a change in the approved post-closure plan
in accordance with the applicable requirements in Parts 124 and 270. The written
notification or request must include a copy of the amended post-closure plan for review or
approval by the Regional Administrator.
(1) The owner or operator may submit a written notification or request to the Regional
Administrator for a permit modification to amend the post-closure plan at any time during
the active life of the facility or during the post-closure care period.
(2) The owner or operator must submit a written notification of or request for a permit
modification to authorize a change in the approved post-closure plan whenever:
(i) Changes in operating plans or facility design affect the approved post-closure plan,
or
(ii) There is a change in the expected year of final closure, if applicable, or
(iii) Events which occur during the active life of the facility, including partial and
final closures, affect the approved post-closure plan.
(3) The owner or operator must submit a written request for a permit modification at least
60 days prior to the proposed change in facility design or operation, or no later than 60
days after an unexpected event has occurred which has affected the post-closure plan. An
owner or operator of a surface impoundment or waste pile that intends to remove all
hazardous waste at closure and is not otherwise required to submit a contingent
post-closure plan under §§264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a
post-closure plan to the Regional Administrator no later than 90 days after the date that
the owner or operator or Regional Administrator determines that the hazardous waste
management unit must be closed as a landfill, subject to the requirements of §264.310.
The Regional Administrator will approve, disapprove or modify this plan in accordance with
the procedures in Parts 124 and 270. In accordance with §270.32 of this chapter, the
approved post-closure plan will become a permit condition.
(4) The Regional Administrator may request modifications to the plan under the conditions
described in §264.118(d)(2). The owner or operator must submit the modified plan no later
than 60 days after the Administrator's request, or no later than 90 days if the unit is a
surface impoundment or waste pile not previously required to prepare a contingent
post-closure plan. Any modifications requested by the Regional Administrator will be
approved, disapproved, or modified in accordance with the procedures in Parts 124 and 270.
(51 FR 16444, May 2, 1986, as amended at 52 FR 46964, Dec. 10, 1987; 53 FR 37935, Sept.
28,1988)
§264.119 Post-closure notices.
(a) No later than 60 days after certification of closure of each hazardous waste disposal
unit, the owner or operator must submit to the local zoning authority, or the authority
with jurisdiction over local land use, and to the Regional Administrator a record of the
type, location, and quantity of hazardous wastes disposed of within each cell or other
disposal unit of the facility. For hazardous wastes disposed of before January 12, 1981,
the owner or operator must identify the type, location, and quantity of the hazardous
wastes to the best of his knowledge and in accordance with any records he has kept.
(b) Within 60 days of certification of closure of the first hazardous waste disposal unit
and within 60 days of certification of closure of the last hazardous waste disposal unit,
the owner or operator must:
(1) Record, in accordance with State law, a notation on the deed to the facility property
-- or on some other instrument which is normally examined during title search -- that will
in perpetuity notify any potential purchaser of the property that:
(i) The land has been used to manage hazardous wastes; and
(ii) Its use is restricted under 40 CFR subpart G regulations; and
(iii) The survey plat and record of the type, location, and quantity of hazardous wastes
disposed of within each cell or other hazardous waste disposal unit of the facility
required by 264.116 and 264.119(a) have been filed with the local zoning authority or the
authority with jurisdiction over local land use and with the Regional Administrator; and
(2) Submit a certification, signed by the owner or operator, that he has recorded the
notation specified in paragraph (b)(1) of this section, including a copy of the document
in which the notation has been placed, to the Regional Administrator.
(c) If the owner or operator or any subsequent owner or operator of the land upon which a
hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous
waste residues, the liner, if any, or contaminated soils, he must request a modification
to the post-closure permit in accordance with the applicable requirements in Parts 124 and
270. The owner or operator must demonstrate that the removal of hazardous wastes will
satisfy the criteria of §264.117(c). By removing hazardous waste, the owner or operator
may become a generator of hazardous waste and must manage it in accordance with all
applicable requirements of this chapter. If he is granted a permit modification or
otherwise granted approval to conduct such removal activities, the owner or operator may
request that the Regional Administrator approve either:
(1) The removal of the notation on the deed to the facility property or other instrument
normally examined during title search; or
(2) The addition of a notation to the deed or instrument indicating the removal of the
hazardous waste.
§264.120 Certification of completion of post-closure care.
No later than 60 days after completion of the established post-closure care period for
each hazardous waste disposal unit, the owner or operator must submit to the Regional
Administrator, by registered mail, a certification that the post-closure care period for
the hazardous waste disposal unit was performed in accordance with the specifications in
the approved post-closure plan. The certification must be signed by the owner or operator
and an independent registered professional engineer. Documentation supporting the
independent registered professional engineer's certification must be furnished to the
Regional Administrator upon request until he releases the owner or operator from the
financial assurance requirements for post-closure care under §264.145(i).
(The information collection requirements in subpart G are approved by the Office of
Management and Budget under control number 2050-0008)
Subpart H -- Financial Requirements
§264.140 Applicability.
(a) The requirements of §§264.142, 264.143, and 264.147 through 264.151 apply to owners
and operators of all hazardous waste facilities, except as provided otherwise in this
section or in §264.1.
(b) The requirements of §§264.144 and 264.145 apply only to owners and operators of:
(1) Disposal facilities, and
(2) Piles, and surface impoundments from which the owner or operator intends to remove the
wastes at closure, to the extent that these sections are made applicable to such
facilities in §§264.228 and 264.258.
(3) Tank systems that are required under §264.197 to meet the requirements for landfills.
(c) States and the Federal government are exempt from the requirements of this subpart.
(47 FR 15047, Apr. 7, 1982, as amended at 47 FR 32357, July 26, 1982; 51 FR 25472, July
14, 1986)
§264.141 Definitions of terms as used in this subpart.
(a) Closure plan means the plan for closure prepared in accordance with the requirements
of §264.112.
(b) Current closure cost estimate means the most recent of the estimates prepared in
accordance with §264.142 (a), (b), and (c).
(c) Current post-closure cost estimate means the most recent of the estimates prepared in
accordance with §264.144 (a), (b), and (c).
(d) Parent corporation means a corporation which directly owns at least 50 percent of the
voting stock of the corporation which is the facility owner or operator; the latter
corporation is deemed a "subsidiary'' of the parent corporation.
(e) Post-closure plan means the plan for post-closure care prepared in accordance with the
requirements of §§264.117 through 264.120.
(f) The following terms are used in the specifications for the financial tests for
closure, post-closure care, and liability coverage. The definitions are intended to assist
in the understanding of these regulations and are not intended to limit the meanings of
terms in a way that conflicts with generally accepted accounting practices.
Assets means all existing and all probable future economic benefits obtained or controlled
by a particular entity.
Current assets means cash or other assets or resources commonly identified as those which
are reasonably expected to be realized in cash or sold or consumed during the normal
operating cycle of the business.
Current liabilities means obligations whose liquidation is reasonably expected to require
the use of existing resources properly classifiable as current assets or the creation of
other current liabilities.
Current plugging and abandonment cost estimate means the most recent of the estimates
prepared in accordance with §144.62(a), (b), and (c) of this title.
Independently audited refers to an audit performed by an independent certified public
accountant in accordance with generally accepted auditing standards.
Liabilities means probable future sacrifices of economic benefits arising from present
obligations to transfer assets or provide services to other entities in the future as a
result of past transactions or events.
Net working capital means current assets minus current liabilities.
Net worth means total assets minus total liabilities and is equivalent to owner's equity.
Tangible net worth means the tangible assets that remain after deducting liabilities; such
assets would not include intangibles such as goodwill and rights to patents or royalties.
(g) In the liability insurance requirements the terms bodily injury and property damage
shall have the meanings given these terms by applicable State law. However, these terms do
not include those liabilities which, consistent with standard industry practices, are
excluded from coverage in liability policies for bodily injury and property damage. The
Agency intends the meanings of other terms used in the liability insurance requirements to
be consistent with their common meanings within the insurance industry. The definitions
given below of several of the terms are intended to assist in the understanding of these
regulations and are not intended to limit their in a way that conflicts with general
insurance industry usage.
Accidental occurrence means an accident, including continuous or repeated exposure to
conditions, which results in bodily injury or property damage neither expected nor
intended from the standpoint of the insured.
Legal defense costs means any expenses that an insurer incurs in defending against claims
of third parties brought under the terms and conditions of an insurance policy.
Nonsudden accidental occurrence means an occurrence which takes place over time and
involves continuous or repeated exposure.
Sudden accidental occurrence means an occurrence which is not continuous or repeated in
nature.
(h) Substantial business relationship means the extent of a business relationship
necessary under applicable State law to make a guarantee contract issued incident to that
relationship valid and enforceable. A "substantial business relationship'' must arise
from a pattern of recent or ongoing business transactions, in addition to the guarantee
itself, such that a currently existing business relationship between the guarantor and the
owner or operator is demonstrated to the satisfaction of the applicable EPA Regional
Administrator.
(47 FR 16554, Apr. 16, 1982, as amended at 51 FR 16447, May 2, 1986; 53 FR 33950, Sept. 1,
1988)
§264.142 Cost estimate for closure.
(a) The owner or operator must have a detailed written estimate, in current dollars, of
the cost of closing the facility in accordance with the requirements in §§264.111
through 264.115 and applicable closure requirements in §§264.178, 264.197, 264.228,
264.258, 264.280, 264.310, 264.351, and 264.601 through 264.603.
(1) The estimate must equal the cost of final closure at the point in the facility's
active life when the extent and manner of its operation would make closure the most
expensive, as indicated by its closure plan (see §264.112(b)); and
(2) The closure cost estimate must be based on the costs to the owner or operator of
hiring a third party to close the facility. A third party is a party who is neither a
parent nor a subsidiary of the owner or operator. (See definition of parent corporation in
§264.141(d).) The owner or operator may use costs for on-site disposal if he can
demonstrate that on-site disposal capacity will exist at all times over the life of the
facility.
(3) The closure cost estimate may not incorporate any salvage value that may be realized
with the sale of hazardous wastes, or non-hazardous wastes if applicable under
§264.113(d), facility structures or equipment, land, or other assets associated with the
facility at the time of partial or final closure.
(4) The owner or operator may not incorporate a zero cost for hazardous wastes, or
non-hazardous wastes if applicable under §264.113(d), that might have economic value.
(b) During the active life of the facility, the owner or operator must adjust the closure
cost estimate for inflation within 60 days prior to the anniversary date of the
establishment of the financial instrument(s) used to comply with §264.143. For owners and
operators using the financial test or corporate guarantee, the closure cost estimate must
be updated for inflation within 30 days after the close of the firm's fiscal year and
before submission of updated information to the Regional Administrator as specified in
§264.143(f)(3). The adjustment may be made by recalculating the maximum costs of closure
in current dollars, or by using an inflation factor derived from the most recent Implicit
Price Deflator for Gross National Product published by the U.S. Department of Commerce in
its Survey of Current Business, as specified in paragraphs (b)(1) and (2) of this section.
The inflation factor is the result of dividing the latest published annual Deflator by the
Deflator for the previous year.
(1) The first adjustment is made by multiplying the closure cost estimate by the inflation
factor. The result is the adjusted closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted closure cost
estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator must revise the closure
cost estimate no later than 30 days after the Regional Administrator has approved the
request to modify the closure plan, if the change in the closure plan increases the cost
of closure. The revised closure cost estimate must be adjusted for inflation as specified
in §264.142(b).
(d) The owner or operator must keep the following at the facility during the operating
life of the facility: The latest closure cost estimate prepared in accordance with
§264.142 (a) and (c) and, when this estimate has been adjusted in accordance with
§264.142(b), the latest adjusted closure cost estimate.
(Approved by the Office of Management and Budget under control number 2050-0036)
(47 FR 15047, Apr. 7, 1982, as amended at 50 FR 4514, Jan. 31, 1985; 51 FR 16447, May 2,
1986; 52 FR 46964, Dec. 10, 1987; 54 FR 33395, Aug. 14, 1989)