Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
Except as provided otherwise in part
7045.0552, this part and part
7045.0596 apply to the owners and
operators of all hazardous waste facilities.
Subp. 2.
Closure performance
standard.
The owner or operator shall close the facility in a manner
minimizing the need for further maintenance. Closure procedures must result in
controlling, minimizing, or eliminating, to the extent necessary to protect
human health and the environment, postclosure escape of hazardous waste,
hazardous constituents, leachate, contaminated runoff, or hazardous waste
decomposition products to the ground or surface waters or to the atmosphere, in
accordance with all closure requirements including the requirements of parts
7045.0628, subpart 9; 7045.0630,
subpart 6; 7045.0632, subpart 7; 7045.0634, subpart 6; 7045.0638, subpart
4; 7045.0640, subpart 5; and
7045.0642, subpart 5; and Code of Federal Regulations, title 40, section
265.1102, as incorporated in part
7045.0649.
Subp. 3.
Submittal of closure
plan.
The closure plans must be submitted as follows:
A. A copy of the written closure plan and all
revisions to the plan must be furnished to the commissioner upon request,
including request by mail until final closure is completed and certified. For
facilities without approved closure plans, the plan must also be provided to
the commissioner as requested, during site inspections on the day of the
inspection. The plan must identify steps necessary to perform partial and/or
final closure of the facility at any point during its active life. The closure
plan must include:
(1) a description of how
each hazardous waste management unit will be closed, if applicable, and how the
facility will be finally closed, in accordance with subpart
2. The description must
identify the maximum extent of the operation which will be unclosed during the
active life of the facility and how the facility will meet the requirements of
parts
7045.0590;
7045.0592;
7045.0594;
7045.0596;
7045.0626, subpart 8; 7045.0628,
subpart 9; 7045.0630, subpart 6; 7045.0632, subpart 7; 7045.0634, subpart 6;
7045.0638, subpart
4; 7045.0640, subpart 5;
7045.0642, subpart 5; and 7045.0655, subpart 6, and Code of Federal
Regulations, title 40, section 265.1102, as incorporated in part
7045.0649;
(2) an estimate of the maximum inventory of
wastes in storage and in treatment at any time during the active life of the
facility and a detailed description of the methods to be used during partial
and final closure, including methods for removing, transporting, treating,
storing, or disposing of all hazardous waste, and identification of off-site
hazardous waste management units to be used, if applicable;
(3) a detailed description of the steps
needed to remove or decontaminate all hazardous waste residues and contaminated
containment system components, facility equipment, structures and soils during
partial or final closure. The description must include procedures for cleaning
equipment and removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of decontamination
necessary to satisfy the closure performance standard;
(4) a detailed description of other
activities necessary during the partial and final closure period to ensure that
all partial closures and final closure satisfy the closure performance
standards, including ground water monitoring, leachate collection, and run-on
and runoff control;
(5) an estimate
of the expected year of final closure for facilities that use trust funds to
demonstrate financial assurance under parts
7045.0612, subpart
2, and 7045.0616, subpart
2, and whose remaining
operating life is less than 20 years, and for facilities without approved
closure plans; and
(6) a schedule
for closure of each hazardous waste management unit and for final closure of
the facility. The schedule must include the total time required to close each
hazardous waste management unit and the time required for intervening closure
activities which will allow tracking of the progress of partial or final
closure.
B. The owner or
operator may amend the closure plan at any time before notification of partial
or final closure of the facility. An owner or operator with an approved closure
plan must submit a written request to the commissioner to authorize a change to
the approved closure plan. The written request must include a copy of the
amended closure plan for approval by the commissioner. The owner or operator
shall amend the plan whenever:
(1) changes in
operating plans or facility design affect the closure plan; or
(2) there is a change in the expected year of
closure, if applicable; or
(3)
unexpected events occur during partial or final closure activities which
require a modification to the closure plan; or
(4) the commissioner requests modifications
to the plan under the conditions described in subitems (1) to (3). An owner or
operator with an approved closure plan must submit the modified plan to the
commissioner within 60 days after the commissioner's request, or within 30 days
if an unexpected event occurs during partial or final closure. A modification
to the plan will be approved in accordance with the procedures in item F unless
the modification meets the criteria of a minor modification in parts
7001.0190, subparts
2 and
3; and 7001.0730, subpart
4.
The owner or operator must amend the plan at least 60 days
before the proposed change in facility design or operation, or no later than 60
days after an unexpected event has occurred which has affected the closure
plan. If an unexpected event occurs during the partial or final closure period,
the owner or operator must amend the closure plan no later than 30 days after
the unexpected event. An owner or operator with an approved closure plan must
submit the amended closure plan in accordance with the deadlines specified
above. A modification to the plan will be approved in accordance with the
procedures in item F unless the modification meets the criteria of a minor
modification in parts
7001.0190, subparts
2 and
3; and 7001.0730, subpart
4. These provisions also
apply to owners or operators of surface impoundments and waste piles who
intended to remove all hazardous wastes at closure in accordance with parts
7045.0630, subpart 6; and
7045.0632, subpart 7, but are required to close as landfills under part
7045.0638, subpart
4.
C. The owner or operator of a
hazardous waste facility having interim status shall submit a closure plan to
the commissioner at least 180 days before the date he or she expects to begin
closure of the first surface impoundment, waste pile, land treatment, or
landfill unit, or final facility closure if it involves such a unit, whichever
is earlier. The owner or operator shall submit a closure plan to the
commissioner at least 45 days before the date he or she expects to begin final
closure of a facility with only tanks, container storage, or incinerator units.
The owner or operator shall submit the closure plan no later than 15 days
after:
(1) termination of interim status,
except when a permit is issued simultaneously with termination of interim
status; or
(2) issuance of a
judicial decree or agency order to cease receiving wastes or close.
D. Owners or operators with
approved closure plans must notify the commissioner in writing at least:
(1) 60 days before the date he or she expects
to begin closure of a surface impoundment, waste pile, landfill, or land
treatment unit, or final closure of a facility involving such a unit;
or
(2) 45 days before the date he
or she expects to begin final closure of a facility with only tanks, container
storage, or incinerator units.
E. The date on which the owner or operator
"expects to begin closure" is defined as follows:
(1) Where the owner or operator of a
hazardous waste management unit anticipates receiving a volume of hazardous
wastes the owner or operator knows will be the final volume, then the date on
which the owner or operator "expects to begin closure" is 30 days after the
date the final volume is anticipated to be received.
(2) Where the owner or operator of a
hazardous waste management unit reasonably anticipates that the owner or
operator will continue to receive hazardous wastes, then the date on which the
owner or operator "expects to begin closure" is one year after the date on
which the last volume of hazardous waste was received by the hazardous waste
management unit. An owner or operator shall only be considered to "reasonably
anticipate receiving additional hazardous waste" if the owner or operator in
fact receives additional hazardous wastes within one year after the last volume
was received. If the owner or operator can demonstrate to the commissioner that
the unit or facility has the capacity to receive additional hazardous wastes
and the owner or operator has taken and will continue to take all steps to
prevent threats to human health and the environment, including compliance with
all interim status requirements, the commissioner may approve an extension to
this one-year limit.
For units meeting the requirements of part
7045.0596, subpart 2a, the date on
which the owner or operator expects to begin closure must be no later than 30
days after the date on which the hazardous waste management unit receives the
known final volume of nonhazardous wastes, or if there is a reasonable
possibility that the hazardous waste management unit will receive additional
nonhazardous wastes, no later than one year after the date on which the unit
received the most recent volume of nonhazardous wastes. If the owner or
operator can demonstrate to the commissioner that the hazardous waste
management unit has the capacity to receive additional nonhazardous wastes and
the owner or operator has taken, and will continue to take, all steps to
prevent threats to human health and the environment, including compliance with
all applicable interim status requirements, the commissioner shall approve an
extension to this one-year limit.
F. The commissioner shall provide the owner
or operator and the public, through a newspaper notice, the opportunity to
submit written comments, to request modifications, or to request a public
information meeting on the closure plan within 30 days of the date of the
notice. In response to a request or at the commissioner's discretion, the
commissioner shall hold a public information meeting whenever a meeting might
clarify one or more issues concerning the closure plan. The commissioner shall
approve, modify, or disapprove closure plans for facilities having interim
status within 90 days of receipt of the plan. If the commissioner does not
approve the plan, the commissioner shall provide the owner or operator with a
detailed written statement of reasons for the refusal. The owner or operator
shall submit a modified or new plan for approval within 30 days. The
commissioner shall approve or modify this plan. If the commissioner modifies
the plan, this modified plan becomes the approved closure plan. A copy of the
modified plan shall be mailed to the owner or operator.
Subp. 4.
Removal of wastes and
decontamination or dismantling of equipment.
Nothing in this part shall preclude the owner or operator
from removing hazardous wastes and decontaminating or dismantling equipment in
accordance with the approved partial or final closure plan at any time before
or after notification of partial or final closure.
