In 2023, the EPA issued $167 million in civil penalties for various environmental statutes, including RCRA violations. Some of those fines and penalties resulted from plant closures that did not follow guidelines regarding hazardous waste disposal.
Any time a plant closes or shuts down operations, specific hazardous waste guidelines must be followed to prevent penalties and protect the environment from long-term damage.
HWH Environmental works with companies shutting down plants nationwide every year, assisting with hazardous waste removal and on-site cleanup. To help businesses understand the importance of environmental regulations regarding plant closures, our team compiled this guide to review everything you need to know.
Hazardous Waste in Industrial Settings
The EPA defines hazardous waste as “waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment.” Hazardous waste may exist as a liquid, solid gas, and sludge. When handled improperly, these wastes pose a danger to humans and the environment.
Hazardous waste has four characteristics: ignitability, corrosivity, reactivity, and toxicity. It is placed in one of four lists if it exhibits these characteristics.
- F-list (Non-specific source wastes): Wastes from common manufacturing processes, such as solvents used in cleaning or degreasing.
- K-list (Source-specific wastes): Wastes from specific industries like petroleum refining or pesticide manufacturing.
- P-list and U-list (Discarded commercial chemical products): Unused chemicals that are considered hazardous when discarded.
Different facilities create different kinds of hazardous waste. Chemical plants may produce hazardous by-products like solvents, acids, and reactive wastes, whereas an electronics manufacturer generates wastes containing lead, mercury, and other toxic substances.
Knowing this information beforehand allows you to handle, preserve, and dispose of hazardous waste properly, avoiding expensive fines and harming the environment.
Regulatory Framework Governing Plant Closures
The most crucial regulatory agency for hazardous waste, the EPA, created a guideline of regulations labeled the Resource Conservation and Recovery Act (RCRA).
For those unfamiliar with the RCRA, it is the law in the United States governing the handling, storing, and disposal of solid and hazardous waste.
The RCRA includes a hazardous waste framework called “Cradle-to-the-Grave.” This framework provides clear instructions on handling hazardous waste from its creation to eventual disposal.
Any facilities that treat, store, or dispose of hazardous waste must develop and implement closure and post-closure plans to ensure that hazardous waste management units are safely contained, maintained, and disposed of after operations cease.
Additional regulations may be required at the individual state level. For example, in California, the Department of Toxic Substances Control (DTSC) enforces additional regulations, including specific closure plan requirements and financial assurance mechanisms.
Before shutting down any hazardous waste-producing facility, it’s recommended that you work with a hazardous waste disposal company to help guide you through the process and avoid penalties and fines from the EPA.
Closure Planning and Implementation
Plant closures have three main components: closure plans, post-closure care, and financial assurance. The EPA enforces different processes for each element.
Plant facilities must prepare a written closure plan outlining procedures for closing each hazardous waste management unit.
For a complete closure plan, look to include the following pieces of information:
Identifying All Hazardous Waste Management Units (HWMUs)
- HWMUs are areas within a facility where hazardous waste is treated, stored, or disposed of. This includes containers, tanks, surface impoundments, waste piles, and containment buildings.
- A closure plan requires documentation of the location of hazardous waste within your facility. Review facility records, permits, and conduct physical inspections to ensure every hazardous waste is accounted for.
Establishing Timelines and Responsibilities
- According to 40 CFR §264.113, owners or operators must initiate closure activities within 90 days of receiving the final hazardous waste and complete closure within 180 days.
- All project managers, environmental consultants, and contractors should have clear, defined roles to ensure the closure schedule is followed thoroughly.
Plant closures face the choice of clean closure, or closure with waste in place.
In the case of clean closures, this process involves removing or decontaminating all hazardous waste residues, contaminated equipment, and structures. When complete, the facility is released from RCRA regulatory requirements without needing post-closure care.
For close with waste in place, this occurs when complete decontamination is impossible. In this scenario, hazardous waste remains on-site and requires the implementation of containment systems and ongoing post-closure monitoring and maintenance.
The decision between the closure type involves various factors, including how much effort is required for complete decontamination and the risks to human health and the environment.
Post-Closure Care and Monitoring
Post-closure care and monitoring are part of the RCRA framework. These processes help make sure that closed hazardous waste treatment, storage, and disposal facilities (TSDFs) do not affect the environment or anyone nearby.
The standard for post-closure care is 30 years, although the EPA could extend it depending on the circumstances.
Businesses must conduct regular inspections, maintenance, and monitoring to prevent any and address issues as soon as possible.
A groundwater testing and monitoring plan should also be in place; this includes installing monitoring wells, sampling groundwater, and analyzing samples for contaminants. If a spill or leak has occurred, the EPA may also require soil sampling as well.
Before closure, companies are required to produce records of their post-closure plans including monitoring timelines, while also providing regular reports to the EPA.
Keeping an up to date record allows you to stay in compliance with the EPA and RCRA guidelines.
Best Practices for Managing Hazardous Waste During Plant Closures
To avoid penalties and fines, it’s best to take a 4-step approach to managing your hazardous waste during a plant closure.
Step one involves early planning. Before anything else, begin developing plans for what you’re going to do with any hazardous waste and identify any potential challenges that may come up. You also want to engage all relevant stakeholders, including regulatory agencies, community members, and employees, early in the process.
Next, familiarize yourself with local and federal regulations regarding plant closures including the RCRA. Don’t forget to document everything and file any local permits that may be needed.
To avoid any trouble, work alongside a hazardous waste disposal company as their experience and knowledge in hazardous waste handling and emergency response procedures can prove to be invaluable.
The final step involves continuous monitoring to avoid contamination, and other potentially dangerous issues. Plan ahead so your team knows what will be required of them in the future.
Why Choose HWH Environmental for Your Plant Closure Needs?
Plant closures are complicated enough, don’t let hazardous waste make it even more difficult. Working with a trusted partner like HWH Environmental makes all the difference as our trained staff are experienced, knowledgeable, and well-trained in all aspects of hazardous waste management.
With 25 years of experience under our belt, we focus on customizing your hazardous waste disposal situation and provide detailed pricing and flexible scheduling. We aren’t tied to specific vendors or disposal options; that means we work with you to develop a plan that fits within your budget and schedule.
Ready for help with your plant closure? Contact HWH Environmental today to get started.
