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Reorganization of Federal Regulations According to the New Generator Improvements Rule

Reorganization of Federal Regulations According to the New Generator Improvements Rule

Reorganization of Federal Regulations According to the New Generator Improvements Rule

Effective at the federal level – and in those state with an authorized hazardous waste program – on May 30, 2017, the Generator Improvements Rule has a lot of goals.  Among them is this one:

Reorganize the regulations to make them more user-friendly and thus enable improved compliance by the regulated community.

The reasoning seems to be:  If you make it easier to find, they will comply.  If you’re familiar with the federal hazardous waste generator regulations you might have wondered – as I have – why the provisions for a Conditionally Exempt Small Quantity Generator (CESQG) (now a Very Small Quantity Generator (VSQG) thanks to the same Generator Improvements Rule) were found way over in part 261 when the regulations applicable to a Large Quantity Generator (LQG) and Small Quantity Generator (SQG) (both kept their names) are found in part 262?  Well, wonder no more!  The new rule fixes that and a few others.  The table below displays the provision changed, it’s current position (at least until 05.30.17) and its future position in Title 40 of the Code of Federal Regulations.

Reorganization of Hazardous Waste Generator Regulations

ProvisionExisting CitationFinal Citation
Generator Category Determination261.5(c, d, e)262.13
VSQG Provisions261.5(a, b, f, g)262.14
Satellite Accumulation Area Provisions262.34(c)262.15
SQG Provisions262.34(d, e, f)262.16
LQG Provisions262.34(a, b, g, h, i, m)262.17
All of the above citations are found in Title 40 of the Code of Federal Regulations (CFR)

Though years in the making, that change was relatively easy compared to the changes some states will have to make to their regulations in order to maintain alignment with those of the USEPA.  An example shown below is California, whose California Code of Regulations – though much more strict than the federal rule in may regards – uses its regulatory structure as a template for its own.

California Code of Regulations

And California is not the only one!  Many other states (maybe yours!) either reference the existing federal regulations changed by the new rule and/or use them as a template for their own regulations.  What will be their response?

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If you have a question about the new Generator Improvements Rule and how it might impact you in your state, don’t hesitate to contact me.