Frequent Questions

When must a hazardous waste tank system close as a landfill and meet post-closure requirements?

An owner or operator of a tank system that demonstrates that all contaminated soils cannot be practically removed or decontaminated as required in 40 CFR §264/265.197(a) must close the tank system as a landfill (July 14, 1986; 51 FR 25422, 25457). The closure requirements in §264/265.197(a) and (b) call for the removal or decontamination of all waste residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with waste. If the owner or operator demonstrates that all contaminated soils around and under the tank system cannot be practicably removed or decontaminated at closure, then the tank system is considered to be a landfill. In this case, the owner or operator must close the tank system and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills in §265/265.310 (Monthly Call Center Report Question; April 1989 (RCRA Online #13270)). The owner or operator of the tank system must meet all of the requirements for landfills specified in Subparts G and H of Parts 264/265 with regard to closure, post-closure, and financial responsibility (Monthly Call Center Report Question; September 1986 (RCRA Online #12723)). 

Additional guidance regarding closing tanks systems as landfills is available in the following documents: Monthly Call Center Report Question; October 1989 (RCRA Online #13325) Monthly Call Center Report Question; April 1988 (RCRA Online #13163) Memo, Porter to Jontz; April 8, 1987 (RCRA Online #12902

These documents are available at the following URL: 
www.epa.gov/rcraonline

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