A large quantity generator of hazardous waste (LQG) is subject to the RCRA regulations of the U.S. Environmental Protection Agency (USEPA) for the cradle-to-grave management of its waste.  If the generator will cease the accumulation of hazardous waste at the site then it is necessary to comply with the closure regulations of 40 CFR 262.17(a)(8).  The specific generator closure provisions depend on the status of the generator and the types of accumulation units the facility used to store or treat hazardous waste.  The purpose of this article is to explain the regulatory responsibility of a large quantity generator of hazardous waste for the closure of its facility under new regulations codified by the Generator Improvements Rule.

Before we begin…

Regulations already in affect prior to May 30, 2017 required an LQG to take certain actions when closing its facility.  These regulations – originally found at §262.34(a)(1)(iv)(B) and now at §262.17(a)(8) – were clarified and strengthened as part of the Generator Improvements Rule.  The most significant change was the inclusion of container accumulation areas with the pre-existing closure regulations.

The Generator Improvements Rule has not – as of this writing – been adopted in all states.  This particular requirement of the rule must eventually be adopted by all states since it is more strict than existing regulations.  However, states have until July 1 of 2019 to adopt these more strict regulations.  Read: What is the status of the Generator Improvements Rule in my state?

Scope:

The requirements of §262.17(a)(8) are applicable to…

• A LQG.  Neither a small quantity generator (SQG) nor very small quantity generator (VSQG) of hazardous waste are subject to these regulations. The minimal closure regulations applicable to a SQG that accumulates hazardous waste in a tank are found at §262.16(b)(3)(vi).  There are no closure requirements for a VSQG.  A treatment, storage, and disposal facility (TSDF) has its own closure regulations found in parts 264/265 of Title 40.

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• The accumulation of hazardous waste.  Wastes that are non-hazardous, hazardous but excluded or exempt by regulation, managed by the generator under an option other than hazardous waste (e.g. universal waste and used oil), or those regulated as a hazardous waste solely by a state are not subject to these USEPA closure regulations
• The accumulation of hazardous waste in a central accumulation area (CAA), not a satellite accumulation area (SAA). §262.17(a)(8)(v) states this clearly.
• The accumulation of hazardous waste in any of the four (4) hazardous waste accumulation units: containers, tanks, containment buildings, and drip pads.  Note: this article will focus solely on the closure requirement for hazardous waste accumulated in containers.
• The closure of an accumulation unit and/or the closure of the facility.  Note: this article will address the requirements for closure of the facility.  If interested in the closure requirements for an accumulation unit read:  Large Quantity Generator Responsibilities for the Closure of a Hazardous Waste Container Accumulation Area.
  • The closure of an accumulation unit means hazardous waste accumulation will cease – even temporarily – at that location.  To further clarify: closure of a hazardous waste accumulation unit could be as simple as moving a 55-gallon drum used for the accumulation of a hazardous waste from one area of the facility to another.
  • The closure of a facility means hazardous waste accumulation will cease at that facility.

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The Purpose:

From RO14321:

These standards require the minimization of the need for further maintenance of the site, and the minimization or elimination of post-closure escape of hazardous waste or constituents into the environment.  These regulations also provide for the decontamination or removal of all contaminated equipment, structures, and soils.

The new closure regulations now subject LQGs accumulating hazardous waste in containers to the same closure regulations that apply to the other hazardous waste accumulation units: tanks, containment buildings, and drip pads.  Read more about the four hazardous waste accumulation units.

Requirements for Closure of a Facility:

If a large quantity generator of hazardous waste intends to permanently cease the accumulation of hazardous at its site it must make specific notifications and meet certain performance standards.

Notification:

• LQG must notify EPA – or its state – no later than 30 days prior to closing the facility.  The notification must be made using the Federal 8700-12 Form unless your state has its own form for this purpose.
• LQG must also notify EPA – or its state – within 90 days after closing the facility.  The notification must be made using the Federal 8700-12 Form unless your state has its own form for this purpose.  This notification must indicate whether the facility has complied with the closure performance standards (i.e. “clean close”, more on that later) or is unable to meet the closure performance standards and therefore must close under the regulations applicable to a landfill.
•  LQG may be granted additional time to clean close if it does the following:
  • Notify EPA – or state- within 75 days of the submittal of the initial notification to close the facility.
  • Notification must be made on EPA 8700-12 Form or the state equivalent.
  • Notification must include an explanation as to why the additional time is required.

Performance Standards for Clean Close:

Note: the information below is a summarized version of the regulations at §262.17(a)(8)(iii).  I attempted to capture the intent of the performance standard while avoiding the excessive descriptions found in the regulations.  Please read the regulations for a full description of the closure performance standards.

• LQG must close each hazardous waste container accumulation area – i.e. CAA – at the facility to prevent the future release of any hazardous waste to the environment.
• LQG must also remove or decontaminate all contaminated equipment, structures, soil, and any remaining hazardous waste.
• Any hazardous waste generated during closure must be managed as a hazardous waste by the LQG.

Sound like a lot?  Well, USEPA thinks it should be easy as long as you complied with the regulations during operations at the site (November 28, 2016 / 81 FR 85772):

Generally, if a LQG has been managing its hazardous waste in accordance with the LQG provisions including proper accumulation standards and spill clean-up, then clean closure will consist of removing the containers from the accumulation area.

The good news is that a LQG performing a clean close of its facility is not required to have a closure plan or financial assurance. (RO 14321)

And one more thing, if you are accumulating hazardous waste on a drip pad – unique to those within the wood preserving industry – there are closure performance standards specific to that accumulation unit at §262.17(a)(8)(iv).

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If Unable to Perform Clean Close:

If the LQG is unable to meet the closure performance standards (i.e. clean close) and can demonstrate that the contaminated soils and wastes cannot be practicably removed or decontaminated from any accumulation unit(s), then the waste accumulation unit(s) is considered to be a landfill and the LQG must close the waste accumulation unit(s) and perform post-closure care per the regulations applicable to a landfill at §265.310 and subparts G and H of part 265.  Requirements for closure as a landfill include, but are not limited to, the following:

• Installing groundwater monitoring wells upgradient and downgradient from the container area.
• Installing monitoring wells for 30 years or longer during a post-closure care groundwater monitoring program.

Conclusion:

If compliance with the regulations of §262.17 – Conditions for exemption for a large quantity generator that accumulates hazardous waste has been a practice at your facility, then its closure in compliance with §262.17(a)(8) should be nothing more than submitting notifications and removing any remaining hazardous waste.  If you are a LQG that doesn’t intend to close its facility, please contact me to arrange for your initial (within 90 days) and annual review of Hazardous Waste Personnel training for you and your employees.