A RCRA or UIC permit applicant or permittee may cease
conducting regulated activities (by receiving a terminal volume of hazardous
waste and, for treatment or storage HWM facilities, by closing pursuant to
applicable requirements; for disposal HWM facilities, by closing and conducting
post-closure care pursuant to applicable requirements; or, for UIC wells, by
plugging and abandonment), rather than continuing to operate and meet permit
requirements as follows:
a) If the
permittee decides to cease conducting regulated activities at a given time
within the term of a permit that has already been issued, either of the
following must occur:
1) The permit may be
modified to contain a new or additional schedule leading to timely cessation of
activities; or
2) The permittee
must cease conducting permitted activities before noncompliance with any
interim or final compliance schedule requirement already specified in the
permit.
b) If the
decision to cease conducting regulated activities is made before issuance of a
permit whose term will include the termination date, the permit must contain a
schedule leading to termination that will ensure timely compliance with
applicable requirements.
c) If the
permittee is undecided whether to cease conducting regulated activities, the
Agency may issue or modify a permit to contain two alternative schedules, as
follows:
1) Both schedules must contain an
identical interim deadline requiring a final decision on whether to cease
conducting regulated activities no later than a date that ensures sufficient
time to comply with applicable requirements in a timely manner if the decision
is to continue conducting regulated activities;
2) One schedule must lead to timely
compliance with applicable requirements;
3) The second schedule must lead to cessation
of regulated activities by a date that will ensure timely compliance with
applicable requirements.
4) Each
permit containing two alternative schedules must include a requirement that,
after the permittee has made a final decision pursuant to subsection (c)(1), it
must follow the schedule leading to compliance, if the decision is to continue
conducting regulated activities, or follow the schedule leading to termination,
if the decision is to cease conducting regulated activities.
d) The applicant's or permittee's
decision to cease conducting regulated activities must be evidenced by a firm
public commitment satisfactory to the Agency, such as a written resolution of
the board of directors of a corporation.
