Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
This part and parts
7045.0602 to
7045.0606 apply to the owners and
operators of all hazardous waste disposal facilities, including surface
impoundments and waste piles from which the owner or operator intends to remove
the wastes at closure, to the extent that the owner or operator is required to
provide postclosure care in part
7045.0630, subpart 6, or
7045.0632, subpart 7; tank systems that are required under part
7045.0628, subpart 9, to meet the
requirements for landfills; and containment buildings that are required under
Code of Federal Regulations, title 40, section 265.1102, as incorporated in
part
7045.0649, to meet the requirement
for landfills, except as provided otherwise in part
7045.0552.
Subp. 2.
Submittal of postclosure
plan.
The postclosure plan must be submitted as follows:
A. The owner or operator of a disposal
facility shall have a written postclosure plan. A copy of the most current plan
must be furnished to the commissioner upon request, including request by mail,
until the postclosure care period begins. For facilities without approved
postclosure plans, it must also be provided to the commissioner as requested,
during site inspections, on the day of inspection. For each hazardous waste
management unit subject to postclosure care requirements, the plan must
identify the activities which will be carried on after closure of the unit and
the frequency of these activities, and it must include:
(1) a description of the planned ground water
monitoring activities and frequencies at which they will be
performed;
(2) a description of the
planned monitoring activities, and frequencies at which they will be performed
to comply with parts
7045.0630,
7045.0632,
7045.0634, and
7045.0638 during the postclosure
care period;
(3) a description of
the planned maintenance activities and frequencies at which they will be
performed to ensure the integrity of the cap and final cover or other
containment structures, where applicable, and the function of the facility
monitoring equipment; and
(4) the
name, address, and telephone number of the person or office to contact about
the hazardous waste disposal unit or facility during the postclosure period.
After final closure has been certified, this person or office must keep an
updated postclosure plan during the postclosure period.
B. The owner or operator may amend the
postclosure plan at any time during the active life of the disposal facility or
during the postclosure period. An owner or operator with an approved
postclosure plan must submit a written request to the commissioner to authorize
a change in the approved plan. The owner or operator shall amend the plan
whenever the following conditions affect the postclosure plan:
(1) changes in operating plans or facility
design; or
(2) unexpected events
occur during the active life of the facility, including partial and final
closure, or during the postclosure period; or
(3) there is a change in the expected year of
closure, if applicable.
A request for modification of the postclosure plan must be
made to the commissioner at least 60 days before the proposed changes in
operating plans or facility design, or no later than 60 days after the events
which affect the postclosure plan occur. This request must include the revised
postclosure plan and indicate the reasons for modifying the plan. The request
must be made in accordance with subpart
3 and the commissioner shall
take actions required in subpart
3. A modification to the plan
will be approved in accordance with item D unless the modification meets the
criteria of a minor modification in parts
7001.0190, subparts
2 and
3; and 7001.0730, subpart 4.
The commissioner may request modifications to the postclosure plan under the
conditions described in subitems (1) to (3). An owner or operator with an
approved postclosure plan must submit the modified plan no later than 60 days
after the commissioner's request. If an owner or operator of a surface
impoundment or a waste pile who intended to remove all hazardous wastes at
closure in accordance with part
7045.0630, subpart 6; or
7045.0632, subpart 7, is required to close as a landfill in accordance with
part
7045.0638, subpart 4. The owner or
operator must submit a postclosure plan within 90 days after the owner or
operator or commissioner determines that the unit must be closed as a
landfill.
C. The
owner or operator of a facility with hazardous waste management units subject
to postclosure requirements shall submit the postclosure plan to the
commissioner at least 180 days before the date he or she expects to begin
closure of the first hazardous waste disposal unit. 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 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 volumes of hazardous waste" if the owner or operator in
fact receives additional hazardous wastes within one year after the last volume
was received.
The owner or operator also shall submit the plan to the
commissioner no later than 15 days after: termination of interim status, except
when a permit is issued to the facility simultaneously with termination of
interim status; or issuance of a judicial decree or agency order to cease
receiving waste or close.
D. The commissioner shall provide the owner
or operator and the public, through a newspaper notice, the opportunity to
submit written comments, to request modification, or to request a public
information meeting on the postclosure plan or substantive amendments to the
postclosure plan within 30 days of the date of the notice. In response to a
request or at his or her own discretion, the commissioner shall hold a public
information meeting whenever a meeting might clarify one or more issues
concerning the postclosure plan. The commissioner shall approve, modify, or
disapprove postclosure plans for facilities having interim status within 90
days of the receipt of the plan. If the commissioner does not approve the plan,
he or she shall provide the owner or operator with a detailed written statement
of reasons for the refusal, and the owner or operator shall submit a modified
or new plan for approval within 30 days after receiving this written statement.
The commissioner shall approve or modify this plan in writing within 60 days.
If the commissioner modifies the plan, this modified plan becomes the approved
postclosure plan. A copy of the modified plan and a detailed statement of
reasons for the modifications shall be mailed to the owner or operator. The
commissioner shall ensure that the approved postclosure plan is consistent with
this part and with the postclosure care and use of property requirements in
parts
7045.0602,
7045.0604, and
7045.0606.
Subp. 3.
Modification of postclosure
period.
The postclosure period may be modified during the postclosure
care period as described in items A and B:
A. The owner or operator or any member of the
public may petition the commissioner to extend or reduce the postclosure care
period applicable to a hazardous waste management unit or facility or alter the
requirements of the postclosure care period based on cause.
(1) The petition must include evidence
demonstrating that the secure nature of the hazardous waste management unit or
facility makes the postclosure care requirements unnecessary or supports
reduction of the postclosure care period specified in the current postclosure
plan, or that the requested extension in the postclosure care period or
alteration of postclosure care requirements is necessary to prevent threats to
human health and the environment. Areas which must be considered in
demonstrating the secure nature of the facility include leachate or ground
water monitoring results, characteristics of the waste, application of advanced
technology; or alternative disposal, treatment, or reuse techniques that
indicate the facility is secure.
(2) These petitions will be considered by the
commissioner only when they present new and relevant information. Whenever the
commissioner is considering a petition, the commissioner shall provide the
owner or operator and the public, through a newspaper notice, the opportunity
to submit written comments or request a public information meeting within 30
days of the date of the notice. In response to a request or at his or her own
discretion, the commissioner shall hold a public information meeting whenever a
meeting might clarify one or more issues concerning the postclosure plan. After
considering the comments, a final determination shall be issued. The criteria
listed in subitem (1) shall serve as a basis for the final determination. If
the commissioner denies the petition, he or she shall send the petitioner a
written response detailing the reason for denial.
B. The commissioner may decide to modify the
postclosure plan if necessary to prevent threats to human health and the
environment. Extension or reduction of the postclosure care period or
alteration of the requirements of the postclosure care period may be proposed
based on cause.
The commissioner shall provide the owner or operator and the
public, through a newspaper notice, the opportunity to submit written comments
or request a public information meeting within 30 days of the date of the
notice. The commissioner shall in response to a request or at his or her own
discretion hold a public information meeting whenever a meeting might clarify
one or more issues concerning the postclosure plan. After considering the
comments, a final determination shall be issued.
The commissioner shall base the final determination upon the
criteria outlined in item A, subitem (1). A modification of the postclosure
plan may include, when appropriate, the temporary suspension rather than
permanent deletion of one or more postclosure care requirements. At the end of
the specified period of suspension, the commissioner shall determine whether
the requirements should be permanently discontinued or reinstated to prevent
threats to human health and the environment.
