[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR265.113]

[Page 532-535]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 265_INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
 
                   Subpart G_Closure and Post-Closure
 
Sec. 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

[[Page 533]]

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 Sec. 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

[[Page 534]]

    (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 constituents 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 annual reports to the Regional Administrator describing 
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

[[Page 535]]

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; 71 FR 16909, Apr. 4, 2006; 71 FR 40275, July 
14, 2006]