Common use of Review and approve Clause in Contracts

Review and approve. closure plans for units where waste management facilities once stored, treated or disposed of hazardous waste. Many facilities that previously stored, treated or disposed of hazardous waste have elected not to obtain a RCRA permit for these activities. These facilities must complete closure of all the units where they conducted hazardous waste management activities. Closure must be carried out in accordance with plans approved by BOL. • BOL will ensure that 90 percent (or 50 of 56) of the Government Performance & Results Act Baseline Post-Closure Universe5 will have “approved controls in place” by FY05. Approved controls in place mean: (a) a post-closure permit has been issued for the unit, or an existing permit at the facility has been modified so that the unit in question is subject to the post-closure permitting standards; (b) the unit has achieved clean closure, as verified by BOL; (c) the unit has properly closed with waste in place, as verified by BOL, (d) a post-closure plan or similar enforceable document (such as a consent order) covers appropriate post-closure obligations, including 40 CFR Part 264 Subparts F and G, groundwater monitoring and cap maintenance requirements; (e) the unit is situated among solid waste management units, and closure and post-closure obligations at the unit are covered by a corrective action order or a similar enforceable document (including 40 CFR Part 264 Subparts F and G groundwater monitoring and cap maintenance requirements, as applicable); (f) the unit has been accepted by one of the state or federal cleanup programs for remediation; or (g) the application of other controls approved by BOL (as determined on a case-by-case basis). At the end of FY04, 91 percent (or 51 of 56) of the Government Performance & Results Act Baseline Post-Closure Universe had approved controls in place. 5Government Performance & Results Act Baseline Post-Closure Universe are those facilities undergoing closure of all of its hazardous waste management land-based units (e.g., landfills, waste piles, surface impoundments) as of October 1, 1997. For FY05, BOL will issue one additional post-closure permit, increasing the percentage of facilities on the Government Performance & Results Act Baseline Post- Closure Universe with controls in place to 93 percent.