RCRA REVISION CHECKLIST 64

Delay of Closure Period for Hazardous Waste
Management Facilities
54 FR 33376-33398
August 14, 1989
(Non-HSWA Cluster VI)

The June 26, 1990 (55 FR 25975) notice corrected the May 2, 1986 (51 FR 16422; Revision Checklist 24) final rule which erroneously designated the amendments to 40 CFR 264.113 and 265.113 as less stringent.  The June 26, 1990 notice also explains that States must adopt the May 2, 1986 amendments to 40 CFR 264.113 and 265.113 prior to or simultaneous with receiving authorization for the Delay of Closure provisions addressed by Revision Checklist 64.  While this checklist's provisions are optional, States choosing not to adopt them must still adopt the May 2, 1986 amendments to 40 CFR 264.113 and 265.113 because they are required changes.  See the amended version of Revision Checklist 24 for further information.
	STATE ANALOG IS:
		     ANALOGOUS	  EQUIV-	   MORE	BROADER
   FEDERAL REQUIREMENT     | 	FEDERAL RCRA CITATION    |	   STATE CITATION	| ALENT  |	STRINGENT |	IN SCOPE	

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART B - GENERAL FACILITY STANDARDS

    †	GENERAL WASTE ANALYSIS	 
insert ", or non-
hazardous wastes if
applicable under 
264.113(d)" after 
"hazardous wastes"	264.13(a)(1)	
insert ", or non-
hazardous wastes if
applicable under
264.113(d)" after
"hazardous wastes"	264.13(a)(3)(i)	
add ", or non-
hazardous waste if
applicable under
264.113(d)" after
"hazardous waste"	264.13(b)(1)	

SUBPART G - CLOSURE AND POST-CLOSURE

    †	CLOSURE PLAN; AMENDMENT OF PLAN	 
place "(i)" after 
"either:" and re-
designate as below:	264.112(d)(2)	
redesignate the re-
mainder of the old 
264.112(d)(2) as 
264.112(d)(2)(i);
remove ", and will
continue to take,"
after "he has taken"	264.112(d)(2)(i)	
add new subparagraph 
on the receipt of final 
volume of non-
hazardous wastes by 
units meeting 
264.113(d) require-
ments; extension by
Regional Administrator	264.112(d)(2)(ii)	

    †	CLOSURE; TIME ALLOWED FOR CLOSURE	 
after "hazardous 
wastes" add language 
regarding the final 
volume of non-
hazardous wastes 
and owner/operator 
compliance with
264.113(d)&(e)	264.113(a)	
after "hazardous 
wastes" add language 
regarding capacity to 
receive non-
hazardous waste and
owner/operator com-
pliance with 
264.113(d)&(e)	264.113(a)(1)(ii)(A)	
after "hazardous
wastes" add language 
regarding the final
volume of non-
hazardous wastes and
owner/operator in
compliance with
264.113(d)&(e)	264.113(b)	
after "hazardous 
wastes" add language
regarding capacity to
receive non-hazardous
wastes and owner/
operator compliance 
with 264.113(d)&(e)	264.113(b)(1)(ii)(A)	
replace reference to
"(a) and (b)" with 
"(a)(1) and (b)(1)"	264.113(c)	
replace first reference
to "(a)" with "(a)(1)"	264.113(c)(1)	
replace first reference 
to "(b)" with "(b)(1)"; 
exception if owner/
operator subject to 
264.113(d) deadlines	264.113(c)(2)	
add new paragraph
regarding receipt of 
non-hazardous waste;
conditions which must
be met:	264.113(d)	
permit modification
request meeting 270 
and 124 requirements 
demonstrating:	264.113(d)(1)	
has existing design 
capacity to receive 
non-hazardous wastes	264.113(d)(1)(i)	
likely to receive non-
hazardous wastes 
within one year after 
final receipt of 
hazardous wastes	264.113(d)(1)(ii)	
not incompatible with
remaining wastes or
with design and 
operating requirements	264.113(d)(1)(iii)	
closure of hazardous
waste unit incom-
patible with continued 
operation	264.113(d)(1)(iv)	
operate in compliance
with all applicable
permit requirements	264.113(d)(1)(v)	
what the request to
modify the permit 
should include	264.113(d)(2)	
permit modification
request includes re-
visions to account for
non-hazardous waste
receipt after final
volume of hazardous
wastes	264.113(d)(3)	
submission to 
Regional Administrator	264.113(d)(4)	
special requirements
for surface impound-
ments not in com-
pliance with liner and 
leachate collection 
system requirements	264.113(e)	
permit modification
request:	264.113(e)(1)	
contingent corrective
measures plan	264.113(e)(1)(i)	
hazardous waste 
removal plan	264.113(e)(1)(ii)	
removal of all hazard-
ous wastes including
liquids and sludges to
extent practicable	264.113(e)(2)	
when removal takes 
longer than 90 days; 
extension by Regional 
Administrator	264.113(e)(3)	
actions if detect a 
statistically significant 
release:	264.113(e)(4)	
corrective measures in
accordance with plan
required by 
264.113(e)(1)	264.113(e)(4)(i)	
conditions under which
wastes may continue 
to be received	264.113(e)(4)(ii)	
corrective measures in 
less than one year if 
necessary to protect 
human health and
environment	264.113(e)(4)(iii)	
semi-annual
reports	264.113(e)(5)	
conditions under which
Regional Administrator
may require closure	264.113(e)(6)	
if fail to implement
corrective measures 
or no substantial 
progress, the Regional
Administrator shall:	264.113(e)(7)	
notify in writing that
closure required 
according to 
264.113(a) and (b)
deadlines	264.113(e)(7)(i)	
newspaper notice;
opportunity for
public comment	264.113(e)(7)(ii)	
Regional Administrator
actions when no 
written comments
are received	264.113(e)(7)(iii)	
Regional Administrator
actions when written
comments are 
received	264.113(e)(7)(iv)	
no administrative
appeal	264.113(e)(7)(v)	

SUBPART H - FINANCIAL REQUIREMENTS

    †	COST ESTIMATE FOR CLOSURE	 
after "hazardous 
wastes" insert ", or 
non-hazardous wastes 
if applicable under
264.113(d),"	264.142(a)(3)	
after "hazardous
wastes" insert ", or
non-hazardous wastes
if applicable under
264.113(d),"	264.142(a)(4)	

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART B - GENERAL FACILITY STANDARDS

    †	GENERAL WASTE ANALYSIS	 
after "hazardous
wastes" add ", or non-
hazardous wastes if
applicable under 
265.113(d),"	265.13(a)(1)	
after "hazardous
wastes" add ", or non-
hazardous wastes if
applicable under
265.113(d),"	265.13(a)(3)(i)	
after "hazardous waste"
add ", or non-
hazardous waste if
applicable under 
265.113(d),"	265.13(b)(1)	

SUBPART G - CLOSURE AND POST-CLOSURE

    †	CLOSURE PLAN; AMENDMENT OF PLAN	 
add "(i)" after "either:"
and redesignate re-
mainder of paragraph
as below	265.112(d)(2)	
redesignate remainder 
of old 265.112(d)(2) as 
265.112(d)(2)(i)	265.112(d)(2)(i)	
add new subparagraph
on receipt of final
volume of non-
hazardous wastes by
units meeting 
265.113(d) require-
ments; extension by
Regional Administrator	265.112(d)(2)(ii)	

    †	CLOSURE; TIME ALLOWED FOR CLOSURE	 
after "hazardous 
wastes" add language
regarding the final
volume non-hazardous
wastes and owner/
operator compliance
with 265.113(d)&(e)	265.113(a)	
after "hazardous
wastes" add language
regarding the capacity
to receive non-
hazardous wastes and
owner/operator 
compliance with 
265.113(d)&(e)	265.113(a)(1)(ii)(A)	
after "hazardous 
wastes" add language
regarding the final
volume of non-
hazardous wastes and 
owner/operator com-
pliance with
265.113(d)&(e)	265.113(b)	
after "hazardous 
wastes" add language
regarding the capacity
to receive non-
hazardous wastes and
owner/operator com-
pliance with 
265.113(d)&(e)	265.113(b)(1)(ii)(A)	
replace references
to "(a) and (b)" with
"(a)(1) and (b)(1)"	265.113(c)	
replace first reference 
to "(a)" with "(a)(1)"	265.113(c)(1)	
replace first reference
to "(b)" with "(b)(1)"; 
add exception if 
owner/operator subject 
to 265.113(d) 
deadlines	265.113(c)(2)	
add new paragraph 
regarding receipt of 
non-hazardous wastes; 
conditions which must 
be met:	265.113(d)	
submits an amended 
Part B application or a 
Part B application if 
not previously required 
demonstrating:	265.113(d)(1)	
has existing design 
capacity to receive 
non-hazardous wastes	265.113(d)(1)(i)	
likely to receive non-
hazardous wastes 
within one year after 
final receipt of 
hazardous wastes	265.113(d)(1)(ii)	
not incompatible with
remaining wastes or 
with design and 
operating requirements	265.113(d)(1)(iii)	
closure of hazardous
waste unit incompat-
ible with continued
operation	265.113(d)(1)(iv)	
operate in compliance
with all applicable 
interim states 
requirements	265.113(d)(1)(v)	
what the Part B
application should
include	265.113(d)(2)	
Part B modification is
amended to account for 
non-hazardous waste 
receipt after final
volume of hazardous
waste	265.113(d)(3)	
submission to
Regional Administrator	265.113(d)(4)	
special requirements 
for surface impound-
ments not in com-
pliance with liner and
leachate collection
system requirements	265.113(e)	
submit with the Part B
application:	265.113(e)(1)	
contingent corrective
measures plan	265.113(e)(1)(i)	
hazardous waste
removal plan	265.113(e)(1)(ii)	
removal of all 
hazardous wastes
including liquids and
sludges to extent
practicable	265.113(e)(2)	
when removal must
take place; extension 
by Regional 
Administrator	265.113(e)(3)	
actions if detect a
statistically significant
release:	265.113(e)(4)	
corrective measures in
accordance with plan 
required by 
265.113(e)(1)	265.113(e)(4)(i)	
conditions under which 
wastes may continue 
to be received	265.113(e)(4)(ii)	
corrective measures
in less than one year
or cease receipt of 
wastes until imple-
mented if necessary 
to protect human 
health and
environment	265.113(e)(4)(iii)	
semi-annual
reports	265.113(e)(5)	
conditions under which 
Regional Administrator 
may require closure	265.113(e)(6)	
if fail to implement
corrective measures 
or no substantial
progress, the Regional
Administrator shall:	265.113(e)(7)	
notify in writing that
closure required 
according to
265.113(a) and (b)	265.113(e)(7)(i)	
newspaper notice:
opportunity for
public comment	265.113(e)(7)(ii)	
Regional Administrator
actions when no 
written comments are
received	265.113(e)(7)(iii)	
Regional Administrator
actions when written
comments are 
received	265.113(e)(7)(iv)	
no administrative
appeal	265.113(e)(7)(v)	

SUBPART H - FINANCIAL REQUIREMENTS

    †	COST ESTIMATE FOR CLOSURE	 
after "hazardous 
wastes" add ", or non-
hazardous wastes if 
applicable under 
265.113(d)"	265.142(a)(3)	
after "hazardous 
wastes" add ", or non-
hazardous wastes if 
applicable under 
265.113(d)"	265.142(a)(4)	

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:  THE
HAZARDOUS WASTE PERMIT PROGRAM

SUBPART D - CHANGES TO PERMIT

    †	PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE	 
add D.1.f. to
Appendix I	270.42, Appendix I	

	                Modifications		              Class

	       *         *         *         *         *         *              

	D.  *   *   *
	    1.  *   *   *
	         f.  Extension of the closure period to 
	            allow a landfill, surface impoundment 
	            or land treatment unit to receive
	            non-hazardous wastes after final
	            receipt of hazardous wastes under 
	            § 264.113(d) and (e)...........................     2

	       *         *         *         *         *         *