40 CFR Part 265 -- INTERIM STATUS
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
§265.112 Closure plan; amendment of plan.
(a) Written plan. By May 19, 1981, or by six months after the effective date of the rule
that first subjects a facility to provisions of this section, the owner or operator of a
hazardous waste management facility must have a written closure plan. Until final closure
is completed and certified in accordance with §265.115, a copy of the most current plan
must be furnished to the Regional Administrator upon request, including request by mail.
In addition, for facilities without approved plans, it must also be provided during site
inspections, on the day of inspection, to any officer, employee, or representative of the
Agency who is duly designated by the Administrator.
(b) Content of plan. The plan must identify steps necessary to perform partial and/or
final closure of the facility at any point during its active life. The closure plan must
include, at least:
(1) A description of how each hazardous waste management unit at the facility will be
closed in accordance with §265.111; and
(2) A description of how final closure of the facility will be conducted in accordance
with §265.111. The description must identify the maximum extent of the operation which
will be unclosed during the active life of the facility; and
(3) An estimate of the maximum inventory of hazardous wastes ever on-site over the active
life of the facility and a detailed description of the methods to be used during partial
and final closure, including, but not limited to methods for removing, transporting,
treating, storing or disposing of all hazardous waste, identification of and the type(s)
of off-site hazardous waste management unit(s) to be used, if applicable; and
(4) A detailed description of the steps needed to remove or decontaminate all hazardous
waste residues and contaminated containment system components, equipment, structures, and
soils during partial and final closure including, but not limited to, procedures for
cleaning equipment and removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of decontamination necessary to
satisfy the closure performance standard; and
(5) A detailed description of other activities necessary during the partial and final
closure period to ensure that all partial closures and final closure satisfy the closure
performance standards, including, but not limited to, ground-water monitoring, leachate
collection, and run-on and run-off control; and
(6) A schedule for closure of each hazardous waste management unit and for final closure
of the facility. The schedule must include, at a minimum, the total time required to close
each hazardous waste management unit and the time required for intervening closure
activities which will allow tracking of the progress of partial and final closure. (For
example, in the case of a landfill unit, estimates of the time required to treat or
dispose of all hazardous waste inventory and of the time required to place a final cover
must be included.); and
(7) An estimate of the expected year of final closure for facilities that use trust funds
to demonstrate financial assurance under §265.143 or §265.145 and whose remaining
operating life is less than twenty years, and for facilities without approved closure
plans.
(c) Amendment of plan. The owner or operator may amend the closure plan at any time prior
to the notification of partial or final closure of the facility. An owner or operator with
an approved closure plan must submit a written request to the Regional Administrator to
authorize a change to the approved closure plan. The request must include a copy of the
amended closure plan for approval by the Regional Administrator.
(1) The owner or operator must amend the closure plan whenever:
(i) Changes in operating plans or facility design affect the closure plan, or
(ii) There is a change in the expected year of closure, if applicable, or
(iii) In conducting partial or final closure activities, unexpected events require a
modification of the closure plan.
(2) The owner or operator must amend the closure plan 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 closure plan. If an unexpected event
occurs during the partial or final closure period, the owner or operator must amend the
closure plan no later than 30 days after the unexpected event. These provisions also apply
to owners or operators of surface impoundments and waste piles who intended to remove all
hazardous wastes at closure, but are required to close as landfills in accordance with
§265.310.
(3) An owner or operator with an approved closure plan must submit the modified plan to
the Regional Administrator at least 60 days prior to the proposed change in facility
design or operation, or no more than 60 days after an unexpected event has occurred which
has affected the closure plan. If an unexpected event has occurred during the partial or
final closure period, the owner or operator must submit the plan no more than 30 days
after the unexpected event. These provisions also apply to owners or operators of surface
impoundments and waste piles who intended to remove all hazardous wastes at closure but
are required to close as landfills in accordance with §265.310. If the amendment to the
plan is a Class 2 or 3 modification according to the criteria in §270.42, the
modification to the plan will be approved according to the procedures in §265.112(d)(4).
(4) The Regional Administrator may request modifications to the plan under the conditions
described in paragraph (c)(1) of this section. An owner or operator with an approved
closure plan must submit the modified plan within 60 days of the request from the Regional
Administrator, or within 30 days if the unexpected event occurs during partial or final
closure. If the amendment is considered a Class 2 or 3 modification according to the
criteria in §270.42, the modification to the plan will be approved in accordance with the
procedures in §265.112(d)(4).
(d) Notification of partial closure and final closure. (1) The owner or operator must
submit the closure plan to the Regional Administrator at least 180 days prior to the date
on which he expects to begin closure of the first surface impoundment, waste pile, land
treatment, or landfill unit, or final closure if it involves such a unit, whichever is
earlier. The owner or operator must submit the closure plan to the Regional Administrator
at least 45 days prior to the date on which he expects to begin partial or final closure
of a boiler or industrial furnace. The owner or operator must submit the closure plan to
the Regional Administrator at least 45 days prior to the date on which he expects to begin
final closure of a facility with only tanks, container storage, or incinerator units.
Owners or operators with approved closure plans must notify the Regional Administrator in
writing at least 60 days prior to the date on which he expects to begin closure of a
surface impoundment, waste pile, landfill, or land treatment unit, or final closure of a
facility involving such a unit. Owners or operators with approved closure plans must
notify the Regional Administrator in writing at least 45 days prior to the date on which
he expects to begin partial or final closure of a boiler or industrial furnace. Owners or
operators with approved closure plans must notify the Regional Administrator in writing at
least 45 days prior to the date on which he expects to begin final closure of a facility
with only tanks, container storage, or incinerator units.
(2) The date when he "expects to begin closure'' must be either:
(i) Within 30 days after the date on which any hazardous waste management unit receives
the known final volume of hazardous wastes, or, if there is a reasonable possibility that
the hazardous waste management unit will receive additional hazardous wastes, no later
than one year after the date on which the unit received the most recent volume of
hazardous waste. If the owner or operator of a hazardous waste management unit can
demonstrate to the Regional Administrator that the hazardous waste management unit or
facility has the capacity to receive additional hazardous wastes and he has taken, and
will continue to take, all steps to prevent threats to human health and the environment,
including compliance with all interim status requirements, the Regional Administrator may
approve an extension to this one-year limit; or
(ii) For units meeting the requirements of §265.113(d), no later than 30 days after the
date on which the hazardous waste management unit receives the known final volume of
nonhazardous wastes, or if there is a reasonable possibility that the hazardous waste
management unit will receive additional nonhazardous wastes, no later than one year after
the date on which the unit received the most recent volume of nonhazardous wastes. If the
owner or operator can demonstrate to the Regional Administrator that the hazardous waste
management unit has the capacity to receive additional nonhazardous wastes and he has
taken, and will continue to take, all steps to prevent threats to human health and the
environment, including compliance with all applicable interim status requirements, the
Regional Administrator may an extension to this one-year limit.
(3) The owner or operator must submit his closure plan to the Regional Administrator no
later than 15 days after:
(i) Termination of interim status except when a permit is issued simultaneously with
termination of interim status; or
(ii) Issuance of a judicial decree or final order under section 3008 of RCRA to cease
receiving hazardous wastes or close.
(4) The Regional Administrator will provide the owner or operator and the public, through
a newspaper notice, the opportunity to submit written comments on the plan and request
modifications to the plan no later than 30 days from the date of the notice. He will also,
in response to a request or at his own discretion, hold a public hearing whenever such a
hearing might clarify one or more issues concerning a closure plan. The Regional
Administrator will give public notice of the hearing at least 30 days before it occurs.
(Public notice of the hearing may be given at the same time as notice of the opportunity
for the public to submit written comments, and the two notices may be combined.) The
Regional Administrator will approve, modify, or disapprove the plan within 90 days of its
receipt. If the Regional Administrator does not approve the plan he shall provide the
owner or operator with a detailed written statement of reasons for the refusal and the
owner or operator must modify the plan or submit a new plan for approval within 30 days
after receiving such written statement. The Regional Administrator will approve or modify
this plan in writing within 60 days. If the Regional Administrator modifies the plan, this
modified plan becomes the approved closure plan. The Regional Administrator must assure
that the approved plan is consistent with §§265.111 through 265.115 and the applicable
requirements of §§265.90 et seq., 265.197, 265.228, 265,258, 265.280, 265.310, 265.351,
265.381, and 265.404. A copy of the modified plan with a detailed statement of reasons for
the modifications must be mailed to the owner or operator.
(e) Removal of wastes and decontamination or dismantling of equipment. Nothing in this
section shall preclude the owner or operator from removing hazardous wastes and
decontaminating or dismantling equipment in accordance with the approved partial or final
closure plan at any time before or after notification of partial or final closure.
(51 FR 16451, May 2, 1986, as amended at 54 FR 37935, Sept. 28, 1988; 56 FR 7207, Feb. 21,
1991; 56 FR 42512, Aug. 27, 1991)
§265.113 Closure; time allowed for closure.
(a) Within 90 days after receiving the final volume of hazardous wastes, or the final
volume of nonhazardous wastes if the owner or operator complies with all applicable
requirements in paragraphs (d) and (e) of this section, at a hazardous waste management
unit or facility, or within 90 days after approval of the closure plan, whichever is
later, the owner or operator must treat, remove from the unit or facility, or dispose of
on-site, all hazardous wastes in accordance with the approved closure plan. The Regional
Administrator may approve a longer period if the owner or operator demonstrates that:
(1)(i) The activities required to comply with this paragraph will, of necessity, take
longer than 90 days to complete; or
(ii)(A) The hazardous waste management unit or facility has the capacity to receive
additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the
facility owner or operator complies with paragraphs (d) and (e) of this section; and
(B) There is a reasonable likelihood that he or another person will recommence operation
of the hazardous waste management unit or the facility within one year; and
(C) Closure of the hazardous waste management unit or facility would be incompatible with
continued operation of the site; and
(2) He has taken and will continue to take all steps to prevent threats to human health
and the environment, including compliance with all applicable interim status requirements.
(b) The owner or operator must complete partial and final closure activities in accordance
with the approved closure plan and within 180 days after receiving the final volume of
hazardous wastes, or the final volume of nonhazardous wastes if the owner or operator
complies with all applicable requirements in paragraphs (d) and (e) of this section, at
the hazardous waste management unit or facility, or 180 days after approval of the closure
plan, if that is later. The Regional Administrator may approve an extension to the closure
period if the owner or operator demonstrates that:
(1) (i) The partial or final closure activities will, of necessity, take longer than 180
days to complete; or
(ii)(A) The hazardous waste management unit or facility has the capacity to receive
additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the
facility owner or operator complies with paragraphs (d) and (e) of this section; and
(B) There is reasonable likelihood that he or another person will recommence operation of
the hazardous waste management unit or the facility within one year; and
(C) Closure of the hazardous waste management unit or facility would be incompatible with
continued operation of the site; and
(2) He has taken and will continue to take all steps to prevent threats to human health
and the environment from the unclosed but not operating hazardous waste management unit or
facility, including compliance with all applicable interim status requirements.
(c) The demonstrations referred to in paragraphs (a)(1) and (b)(1) of this section must be
made as follows:
(1) The demonstrations in paragraph (a)(1) of this section must be made at least 30 days
prior to the expiration of the 90-day period in paragraph (a) of this section; and
(2) The demonstration in paragraph (b)(1) of this section must be made at least 30 days
prior to the expiration of the 180-day period in paragraph (b) of this section, unless the
owner or operator is otherwise subject to the deadlines in paragraph (d) of this section.
(d) The Regional Administrator may allow an owner or operator to receive non-hazardous
wastes in a landfill, land treatment, or surface impoundment unit after the final receipt
of hazardous wastes at that unit if:
(1) The owner or operator submits an amended Part B application, or a Part B application,
if not previously required, and demonstrates that:
(i) The unit has the existing design capacity as indicated on the Part A application to
receive non-hazardous wastes; and
(ii) There is a reasonable likelihood that the owner or operator or another person will
receive non-hazardous wastes in the unit within one year after the final receipt of
hazardous wastes; and
(iii) The non-hazardous wastes will not be incompatible with any remaining wastes in the
unit or with the facility design and operating requirements of the unit or facility under
this part; and
(iv) Closure of the hazardous waste management unit would be incompatible with continued
operation of the unit or facility; and
(v) The owner or operator is operating and will continue to operate in compliance with all
applicable interim status requirements; and
(2) The Part B application includes an amended waste analysis plan, ground-water
monitoring and response program, human exposure assessment required under RCRA section
3019, and closure and post-closure plans, and updated cost estimates and demonstrations of
financial assurance for closure and post- closure care as necessary and appropriate to
reflect any changes due to the presence of hazardous constituents in the non-hazardous
wastes, and changes in closure activities, including the expected year of closure if
applicable under §265.112(b)(7), as a result of the receipt of non-hazardous wastes
following the final receipt of hazardous wastes; and
(3) The Part B application is amended, as necessary and appropriate, to account for the
receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes;
and
(4) The Part B application and the demonstrations referred to in paragraphs (d)(1) and
(d)(2) of this section are submitted to the Regional Administrator no later than 180 days
prior to the date on which the owner or operator of the facility receives the known final
volume of hazardous wastes, or no later than 90 days after the effective date of this rule
in the state in which the unit is located, whichever is later.
(e) In addition to the requirements in paragraph (d) of this section, an owner or operator
of a hazardous waste surface impoundment that is not in compliance with the liner and
leachate collection system requirements in 42 U.S.C. 3004(o)(1) and 3005(j)(1) or 42
U.S.C. 3004(o)(2) or (3) or 3005(j) (2), (3), (4) or (13) must:
(1) Submit with the Part B application:
(i) A contingent corrective measures plan; and
(ii) A plan for removing hazardous wastes in compliance with paragraph (e)(2) of this
section; and
(2) Remove all hazardous wastes from the unit by removing all hazardous liquids and
removing all hazardous sludges to the extent practicable without impairing the integrity
of the liner(s), if any.
(3) Removal of hazardous wastes must be completed no later than 90 days after the final
receipt of hazardous wastes. The Regional Administrator may approve an extension to this
deadline if the owner or operator demonstrates that the removal of hazardous wastes will,
of necessity, take longer than the allotted period to complete and that an extension will
not pose a threat to human health and the environment.
(4) If a release that is a statistically significant increase (or decrease in the case of
pH) in hazardous oonstituents over background levels is detected in accordance with the
requirements in subpart F of this part, the owner or operator of the unit:
(i) Must implement corrective measures in accordance with the approved contingent
corrective measures plan required by paragraph (e)(1) of this section no later than one
year after detection of the release, or approval of the contingent corrective measures
plan, whichever is later;
(ii) May receive wastes at the unit following detection of the release only if the
approved corrective measures plan includes a demonstration that continued receipt of
wastes will not impede corrective action; and
(iii) May be required by the Regional Administrator to implement corrective measures in
less than one year or to cease receipt of wastes until corrective measures have been
implemented if necessary to protect human health and the environment.
(5) During the period of corrective action, the owner or operator shall provide
semi-annual reports to the Regional Administrator that describe the progress of the
corrective action program, compile all ground-water monitoring data, and evaluate the
effect of the continued receipt of non-hazardous wastes on the effectiveness of the
corrective action.
(6) The Regional Administrator may require the owner or operator to commence closure of
the unit if the owner or operator fails to implement corrective action measures in
accordance with the approved contingent corrective measures plan within one year as
required in paragraph (e)(4) of this section, or fails to make substantial progress in
implementing corrective action and achieving the facility's background levels.
(7) If the owner or operator fails to implement corrective measures as required in
paragraph (e)(4) of this section, or if the Regional Administrator determines that
substantial progress has not been made pursuant to paragraph (e)(6) of this section he
shall:
(i) Notify the owner or operator in writing that the owner or operator must begin closure
in accordance with the deadline in paragraphs (a) and (b) of this section and provide a
detailed statement of reasons for this determination, and
(ii) Provide the owner or operator and the public, through a newspaper notice, the
opportunity to submit written comments on the decision no later than 20 days after the
date of the notice.
(iii) If the Regional Administrator receives no written comments, the decision will become
final five days after the close of the comment period. The Regional Administrator will
notify the owner or operator that the decision is final, and that a revised closure plan,
if necessary, must be submitted within 15 days of the final notice and that closure must
begin in accordance with the deadlines in paragraphs (a) and (b) of this section.
(iv) If the Regional Administrator receives written comments on the decision, he shall
make a final decision within 30 days after the end of the comment period, and provide the
owner or operator in writing and the public through a newspaper notice, a detailed
statement of reasons for the final decision. If the Regional Administrator determines that
substantial progress has not been made, closure must be initiated in accordance with the
deadlines in paragraphs (a) and (b) of this section.
(v) The final determinations made by the Regional Administrator under paragraphs (e)(7)
(iii) and (iv) of this section are not subject to administrative appeal.
(51 FR 16451, May 2, 1986, as amended at 54 FR 33396, Aug. 14, 1989; 56 FR 42512, Aug. 27,
1991)
§265.114 Disposal or decontamination of equipment, structures and soils.
During the partial and final closure periods, all contaminated equipment, structures and
soil must be properly disposed of, or decontaminated unless specified otherwise in
§§265.197, 265.228, 265.258, 265.280, or 265.310. By removing all 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 hazardous waste in accordance with all
applicable requirements of Part 262 of this chapter.
(51 FR 16451, May 2, 1986, as amended at 53 FR 34086, Sept. 2, 1988)
§265.115 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 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 §265.143(h).
§265.116 Survey plat.
No later than the submission of the certification of closure of each hazardous waste
disposal unit, an 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 landfill 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 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.
§265.117 Post-closure care and use of property.
(a)(1) Post-closure care for each hazardous waste management unit subject to the
requirements of §§265.117 through 265.120 must begin after completion of closure of the
unit and continue for 30 years after that date. It must consist of at least the following:
(i) Monitoring and reporting in accordance with the requirements of subparts F, K, L, M,
and N of this part; and
(ii) Maintenance and monitoring of waste containment systems in accordance with the
requirements of subparts F, K, L, M, and N of this part.
(2) Any time preceding 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 hazardous waste disposal unit, the Regional Administrator may:
(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 waste, 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 §265.14 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 §265.118.