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EPA/SWER

RIN: 2050-AD55

Publication ID: Spring 1997

Title: Hazardous Waste Management System: Post-Closure Requirements
Abstract: Under the current RCRA regulations, a facility that needs post-closure care must obtain a permit. In many cases, the post-closure permit is an appropriate mechanism for the regulatory agency to use to address the environmental needs at the facility. In other cases, however, a permit may not be appropriate. And, in some cases, the facility's post-closure care needs may have already been addressed through other legal mechanisms, such as enforcement actions or Superfund actions. In these cases, subsequent issuance of a post-closure permit would not provide any environmental benefit, although, under the current regulations, it is still required. This rule would remove the requirements to issue a permit to address post-closure care in all cases. A permit would remain an option, but EPA Regions and authorized States would be able to use other mechanisms as well, depending on the circumstances at the facility. States authorized to implement the RCRA program are currently required to adopt authority to compel corrective action at permitted facilities. They are not required to have similar authority at interim status facilities, though many States do. As a result, the corrective action program is implemented by the State, at some facilities, and by the EPA Regions at other. This rule would require States to adopt, as part of their authorized RCRA programs, authority to address corrective action at interim status facilities. This would result in a more consistent implementation of the corrective action program in the States.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 264    40 CFR 265    40 CFR 270    40 CFR 124
Legal Authority: 42 USC 6926/RCRA 3006    42 USC 6912(a)/RCRA 2002(a)    42 USC 6924/RCRA 3004    42 USC 6925/RCRA 3005

Timetable: Action Date FR Cite NPRM  11/08/1994  59 FR 55778    Final Action  07/00/1997

Additional Information: SAN No. 3042. ^PRFA: N
Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: None
Small Entities Affected: Businesses
Included in the Regulatory Plan: No
Agency Contact: Barbara Foster Environmental Protection Agency Solid Waste and Emergency Response 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-0382 Email: foster.barbara@epa.gov