[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: 40CFR264.197]

[Page 323-324]
 
                   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 J_Tank Systems
 
Sec. 264.197  Closure and post-closure care.

    (a) At closure of a tank system, the owner or operator must remove 
or decontaminate all waste residues, contaminated containment system 
components (liners, etc.), contaminated soils, and structures and 
equipment contaminated with waste, and manage them as hazardous waste, 
unless Sec. 261.3(d) of this chapter applies. The closure plan, closure 
activities, cost estimates for closure, and financial responsibility for 
tank systems must meet all of the requirements specified in subparts G 
and H of this part.
    (b) If the owner or operator demonstrates that not all contaminated 
soils can be practicably removed or decontaminated as required in 
paragraph (a) of this section, then the owner or operator must close the 
tank system and perform post-closure care in accordance with the closure 
and post-closure care requirements that apply to landfills (Sec. 
264.310). In addition, for the purposes of closure, post-closure, and 
financial responsibility, such a tank system is then considered to be a 
landfill, and the owner or operator must meet all of the requirements 
for landfills specified in subparts G and H of this part.
    (c) If an owner or operator has a tank system that does not have 
secondary containment that meets the requirements of Sec. 264.193 (b) 
through (f) and has not been granted a variance from the secondary 
containment requirements in accordance with Sec. 264.193(g), then:
    (1) The closure plan for the tank system must include both a plan 
for complying with paragraph (a) of this section and a contingent plan 
for complying with paragraph (b) of this section.
    (2) A contingent post-closure plan for complying with paragraph (b) 
of this section must be prepared and submitted as part of the permit 
application.
    (3) The cost estimates calculated for closure and post-closure care 
must reflect the costs of complying with the contingent closure plan and 
the contingent post-closure plan, if those costs are greater than the 
costs of complying with the closure plan prepared for the expected 
closure under paragraph (a) of this section.
    (4) Financial assurance must be based on the cost estimates in 
paragraph (c)(3) of this section.

[[Page 324]]

    (5) For the purposes of the contingent closure and post-closure 
plans, such a tank system is considered to be a landfill, and the 
contingent plans must meet all of the closure, post-closure, and 
financial responsibility requirements for landfills under subparts G and 
H of this part.

[51 FR 25472, July 14, 1986; 51 FR 29430, Aug. 15, 1986]