June 12, 2017

Generator Improvements Rule Now In Effect

EPA’s Generator Improvements Rule (GIR) became effective May 30, 2017 at the federal level. At this time, the new rule is effective only in the states of Alaska, Iowa, New Jersey, and Pennsylvania (see EPA’s website showing where the new rule is effective). In the other 46 states, the new requirements do not take effect until the state adopts equivalent state requirements. The Part 271 requirements for authorization of state hazardous waste programs oblige these 46 states to modify their programs to incorporate many of the GIR provisions by July 1, 2018. [§271.21(e)(2)(ii)]

The November 28, 2016 GIR makes significant changes to the hazardous waste generator regulations. [81 FR 85732] One of the primary objectives of this rule is to consolidate most of the generator requirements into Part 262 to reduce cross-references to Parts 261 and 265. Other key issues addressed are discussed in McCoy’s detailed white paper, entitled “Changes to Hazardous Waste Generator Regulations.”

However, authorized states are required to modify their programs only when EPA promulgates federal regulations that are more stringent or broader in scope than the authorized state regulations. The following requirements in this rule are more stringent than earlier regulations [81 FR 85801]:

Subjecting satellite accumulation containers to incompatibility requirements and preparedness, prevention, and emergency/contingency plan requirements;
Requiring SQGs and LQGs to mark/label satellite accumulation containers and 90/180/270-day accumulation containers and tanks with an indication of the hazard(s) of the contents and requiring 90/180/270-day accumulation containers to be marked with hazardous waste codes prior to shipment;
Requiring transfer facilities that consolidate hazardous waste in containers to mark the containers with the words “Hazardous Waste” and the applicable waste codes;
Requiring SQGs to renotify every 4 years;
Requiring LQGs to submit a biennial report that identifies all of the hazardous wastes generated in the calendar year, not just the months the facility was an LQG;
Requiring facilities that recycle hazardous waste without storing the waste to prepare and submit a biennial report;
Requiring LQGs updating their contingency plans to prepare a quick reference guide to assist responders in an emergency; and
Requiring LQGs to notify EPA or their authorized state when they plan to close their facilities.

The rest of the final rule requirements are either 1) less stringent than the current hazardous waste regulations, or 2) neither more nor less stringent. Thus, authorized states may, but are not required to, adopt the rest of these changes (although EPA encourages all states to adopt all provisions to promote national consistency).

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Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.