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Post-Closure Requirements for Waste-In-Place TSDFs
When a TSDF cannot “clean close,” or completely decontaminate equipment, structures, and soils before closure, the Environmental Protection Agency (EPA) has established specific post-closure requirements under 40 CFR Part 264/265, Subpart G. These requirements were developed for land disposal units (LDUs), such as landfills, land treatment units, and surface impoundments that have waste in place upon closure of a facility or unit. Covered facilities must comply with both the general regulations included in 264/265.116 though 264/265.120 and the unit-specific regulations included in 264/265, Subparts K, L, M, N, and X. Additional regulations for permits are included in part 270.1.
To begin, facilities must obtain a permit for the post-closure period covering monitoring and maintenance activities that will ensure integrity of leak detection systems and liners. Permits are required for all covered facilities or units that received waste after July 26, 1982 or that certified closure after July 26, 1983, unless the owner/operator can demonstrate closure by removal in accordance with 270.1(c)(5) and (6). Alternatively, an enforceable document, defined as “an order, a plan, or other document issued by EPA or by an authorized state…”may be obtained in lieu of a permit as provided in 270.1(c)(7). Either a permit or an enforceable document must be obtained for post-closure compliance.
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When applying for a post-closure permit, facilities must also prepare and submit a written post-closure plan for units that do not clean close. Because the post-closure plan is part of the permit application, any plan amendments will require a permit modification. Post-closure plans primarily address two aspects of the requirements defined in 264/265.117:
1) Groundwater monitoring and reporting (in accordance with 264/265, Subparts F, K, L, M, and N), and
2) Waste containment system monitoring and maintenance (in accordance with 264/265, Subparts F, K, L, M, and N).
Post-closure plans must be prepared according to the requirements of 264/265.118 that include:
1) A description of the planned monitoring activities and frequencies at which they will be performed (in accordance with 264/265, Subparts F, K, L, M, and N),
2) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure the integrity of the cap and final cover or other containment systems (in accordance with 264/265, Subparts F, K, L, M, and N), and the function of the monitoring equipment (in accordance with 264/265, Subparts F, K, L, M, and N), and
3) The name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility throughout the post-closure care period.
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Interim status facilities must submit post-closure plans to the Regional Administrator at least 180 days before the date they anticipate beginning partial or final closure of the first hazardous waste unit. If a facility’s interim status is terminated or if the Regional Administrator issues a judicial decree or order to cease receiving waste or close, the post-closure plan must be submitted within 15 days in accordance with 265.118(e)(1) and (2).
Additional post-closure requirements include:
1) Notification of the Regional Administrator within 60 days after closure certification (264/265.115)
2) Notification in the property deed within 60 days after closure certification (264/265.119),
3) Certification of completion of post-closure to the Regional Administrator within 60 days (264/265.120)
Generally, post-closure is a 30-year period beginning at the date of closure, however, the EPA Regional Administrator may shorten or lengthen the period. During the post-closure period, however, any use of the property must not disturb the final cover, liners, or any other containment or monitoring systems, unless it is necessary to protect the proposed use and will not increase the potential hazard to human health or the environment as established in 264/265 subparts I through O.
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