[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.112]

[Page 248-251]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
                   Subpart G_Closure and Post-Closure
 
Sec. 264.112  Closure plan; amendment of plan.

    (a) Written plan. (1) The owner or operator of a hazardous waste 
management facility must have a written closure plan. In addition, 
certain surface impoundments and waste piles from which the owner or 
operator intends to remove or decontaminate the hazardous waste at 
partial or final closure are required by Sec. Sec. 264.228(c)(1)(i) and 
264.258(c)(1)(i) to have contingent closure plans. The plan must be 
submitted with the permit application, in accordance with Sec. 
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 Sec. 270.32 of this chapter, the 
approved closure plan will become a condition of any RCRA permit.
    (2) The Director's approval of the plan must ensure that the 
approved closure plan is consistent with Sec. Sec. 264.111 through 
264.115 and the applicable requirements of subpart F of this part,

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Sec. Sec. 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 
264.351, 264.601, and 264.1102. Until final closure is completed and 
certified in accordance with Sec. 264.115, a copy of the approved plan 
and all approved revisions must be furnished to the Director upon 
request, including requests by mail.
    (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 Sec. 264.111;
    (2) A description of how final closure of the facility will be 
conducted in accordance with Sec. 264.111. The description must 
identify the maximum extent of the operations 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 closures and final closure, 
including, but not limited to, methods for removing, transporting, 
treating, storing, or disposing of all hazardous wastes, and 
identification of the type(s) of the off-site hazardous waste management 
units 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 required to satisfy the closure performance standard; 
and
    (5) A detailed description of other activities necessary during the 
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.)
    (7) For facilities that use trust funds to establish financial 
assurance under Sec. 264.143 or Sec. 264.145 and that are expected to 
close prior to the expiration of the permit, an estimate of the expected 
year of final closure.
    (8) For facilities where the Regional Administrator has applied 
alternative requirements at a regulated unit under Sec. Sec. 264.90(f), 
264.110(d), and/or Sec. 264.140(d), either the alternative requirements 
applying to the regulated unit, or a reference to the enforceable 
document containing those alternative requirements.
    (c) Amendment of plan. The owner or operator must submit a written 
notification of or request for a permit modification to authorize a 
change in operating plans, facility design, or the approved closure plan 
in accordance with the applicable procedures in parts 124 and 270. The 
written notification or request must include a copy of the amended 
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 closure plan at any time prior to the notification of partial or 
final closure of the facility.
    (2) The owner or operator must submit a written notification of or 
request for a permit modification to authorize a change in the approved 
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 approved closure plan.

[[Page 250]]

    (iv) The owner or operator requests the Regional Administrator to 
apply alternative requirements to a regulated unit under Sec. Sec. 
264.90(f), 264.110(c), and/or Sec. 264.140(d).
    (3) The owner or operator must submit a written request for a permit 
modification including a copy of the amended closure plan for approval 
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 request a permit modification no later than 30 days after the 
unexpected event. 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 prepare a contingent closure plan under Sec. 
264.228(c)(1)(i) or Sec. 264.258(c)(1)(i), must submit an amended 
closure plan to the Regional Administrator no later than 60 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 Sec. 264.310, or no later than 30 days 
from that date if the determination is made during partial or final 
closure. The Regional Administrator will approve, disapprove, or modify 
this amended plan in accordance with the procedures in parts 124 and 
270. In accordance with Sec. 270.32 of this chapter, the approved 
closure plan will become a condition of any RCRA permit issued.
    (4) The Regional Administrator may request modifications to the plan 
under the conditions described in Sec. 264.112(c)(2). The owner or 
operator must submit the modified plan within 60 days of the Regional 
Administrator's request, or within 30 days if the change in facility 
conditions occurs during partial or final closure. Any modifications 
requested by the Regional Administrator will be approved in accordance 
with the procedures in parts 124 and 270.
    (d) Notification of partial closure and final closure. (1) The owner 
or operator 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, land treatment or landfill unit, or 
final closure of a facility with such a unit. The owner or operator 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 treatment or storage tanks, container storage, or incinerator units 
to be closed. The owner or operator 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, whichever is earlier.
    (2) The date when he ``expects to begin closure'' must be either:
    (i) No later than 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 wastes. 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 all steps to 
prevent threats to human health and the environment, including 
compliance with all applicable permit requirements, the Regional 
Administrator may approve an extension to this one-year limit; or
    (ii) For units meeting the requirements of Sec. 264.113(d), no 
later than 30 days after the date on which the hazardous waste 
management unit receives the known final volume of non-hazardous wastes, 
or if there is a reasonable possibility that the hazardous waste 
management unit will receive additional non-hazardous wastes, no later 
than one year after the date on which the unit received the most recent 
volume of non-hazardous wastes. If the owner or operator can demonstrate 
to the Regional Administrator that the hazardous waste management unit 
has the capacity to receive additional non-hazardous wastes and he has

[[Page 251]]

taken, and will continue to take, all steps to prevent threats to human 
health and the environment, including compliance with all applicable 
permit requirements, the Regional Administrator may approve an extension 
to this one-year limit.
    (3) If the facility's permit is terminated, or if the facility is 
otherwise ordered, by judicial decree or final order under section 3008 
of RCRA, to cease receiving hazardous wastes or to close, then the 
requirements of this paragraph do not apply. However, the owner or 
operator must close the facility in accordance with the deadlines 
established in Sec. 264.113.
    (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 16444, May 2, 1986, as amended at 52 FR 46963, Dec. 10, 1987; 53 
FR 37935, Sept. 28, 1988; 54 FR 33394, Aug. 14, 1989; 56 FR 7207, Feb. 
21, 1991; 57 FR 37265, Aug. 18, 1992; 63 FR 56733, Oct. 22, 1998]