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 position as of 05.30.17 and its current position in Title 40 of the Code of Federal Regulations.
Reorganization of Hazardous Waste Generator Regulations
| Provision | Previous Citation | Final Citation | Comment |
|---|---|---|---|
| Definitions and General Standards | |||
| Definitions of Generator Categories. | 260.10, 261.5 and 262.34 | 260.10 | Previous definition of SQG in 260.10 was outdated. Generator categories were based on 261.5 and 262.34. |
| Hazardous Waste Limits for VSQGs | 261.5(a) and (e) | 260.10 | Included in the new definition of VSQG. |
| Purpose, Scope, and Applicability | 262.10 | 262.10 | Not moved, but expanded significantly. |
| Hazardous Waste Determination and Recordkeeping. | 262.11 and 262.40(c) | 262.11 | Content in 262.11 is expanded and 262.40(c) is incorporated. |
| Generator Category Determination | 261.5(c), (d), and (h)-(j) | 262.13 | New section that explains how to count hazardous waste to determine generator category. |
| EPA Identification Numbers | 262.12 | 262.18 | Re-notification requirements are also in this section. |
| Landfill Ban for Liquids | 258.28 | 262.35 | For SQGs and LQGs. |
| Very Small Quantity Generators (VSQGs) | |||
| VSQG Definition | 261.5(a) | 260.10 | Moved into new definition of VSQG. |
| VSQG Mixtures | 261.5(h)-(j) | 262.13(f) | Moved into Generator category determination. |
| Conditions for Exemption for a Very Small Quantity Generator. | 261.5(b), (f), and (g) | 262.14 | Included in VSQG conditions for exemption. |
| VSQG Consolidation by LQGs Within the Same Company. | N/A | 262.14(a)(5)(viii) | New provision. |
| Landfill Ban for Liquids | 258.28 | 262.14(b) | Specific citation for VSQGs. |
| Episodic Generation | N/A | Part 262 subpart L | New provision. |
| Satellite Accumulation Areas | |||
| Satellite Accumulation Area Provisions. | 262.34(c) | 262.15 | Moved from 262.34 |
| Selected Part 265 Subpart I Provisions. | 265.171 | 262.15(a)(1) | Duplicated from part 265. |
| Selected Part 265 Subpart I Provisions. | 265.172 | 262.15(a)(2) | Duplicated from part 265. |
| Selected Part 265 Subpart I Provisions. | 265.173(a) | 262.15(a)(4) | Duplicated from part 265. |
| Small Quantity Generators (SQGs) | |||
| Definition of Small Quantity Generator. | 262.34(d) | 260.10 | Moved into new definition of SQG. |
| Accumulation Time Limit | 262.34(d) | 262.16(b) | Moved. |
| Accumulation Limit | 262.34(d)(1) | 262.16(b)(1) | Moved. |
| Accumulation in Containers | 262.34(d)(2) (references part 265 subpart I). | 262.16(b)(2) | Duplicated from part 265. |
| Accumulation in Tanks | 262.34(d)(3) (references part 265 subpart J). | 262.16(b)(3) | Duplicated from part 265. |
| Accumulation on Drip Pads | 262.16(b)(4) references part 265 subpart W. | No previous regulatory reference for SQGs using drip pads. | |
| Accumulation in Containment Buildings. | 262.16(b)(5) references part 265 subpart DD. | No previous regulatory reference for SQGs using containment buildings. | |
| Marking of Tanks and Containers | 262.34(d)(4) (references 262.34(a)(2) and (3)). | 262.16(b)(6) | Copied from 262.34 with some changes. |
| Preparedness and Prevention | 262.34(d)(4) (references part 265 subpart C) and 262.34(d)(5) | 262.16(b)(8) and (9) | Duplicated from part 265 and moved from 262.34. |
| Land Disposal Restrictions | 262.34(d)(4) (references part 268) | 262.16(b)(7) | There is still a cross references to part 268. |
| Transporting Over 200 Miles | 262.34(e) | 262.16(c) | Moved from 262.34. |
| Accumulation Time Limit Extension | 262.34(f) | 262.16(d) | Moved from 262.34. |
| Rejected Loads | 262.34(m) | 262.16(e) | Moved from 262.34. |
| Episodic Generation | N/A | Part 262 subpart L | New provision. |
| Large Quantity Generators (LQGs) | |||
| Definition of Large Quantity Generator. | N/A | 260.10 | New definition. |
| Accumulation Time Limit | 262.34(a) | 262.17(a) | Moved from 262.34. |
| Accumulation in Containers | 262.34(a)(1)(i) references part 265 subparts I, AA, BB, and CC. | 262.17(a)(1) (262.17(a)(1) also references part 265 subparts AA, BB, CC). | There is still a cross-reference to part 265 subparts AA, BB, and CC because of the length of these regulations. |
| Accumulation in Tanks | 262.34(a)(1)(ii) references part 265 subparts J, AA, BB, and CC. | 262.17(a)(2) references part 265 subparts J, AA, BB, CC. | There is still a cross-reference to part 265 subparts J, AA, BB, CC because of the length of these regulations. |
| Accumulation on Drip Pads | 262.34(a)(1)(iii) (262.34(a)(1)(iii) also references part 265 subpart W). | 262.17(a)(3) (262.17(a)(3) also references part 265 subpart W). | Accumulation timne limit and recordkeeping provisions move to 262.17 and the extensive technical standards remain in part 265. |
| Accumulation in Containment Buildings. | 262.34(a)(1)(iv) (262.34(a)(1)(iv) also references part 265 subpart DD). | 262.17(a)(4) (262.17(a)(4) also references part 265 subpart DD). | Accumulation time limit, labeling, and recordkeeping provisions move to 262.17 and the extensive technical standards remain in part 265. |
| Marking and Labeling | 262.34(a)(2) and (3) | 262.17(a)(5) | Moved from 262.34. |
| Preparedness, Prevention, and Emergency Procedures. | 262.34(a)(4) references part 265 subparts C and D. | 262.17(a)(6) references part 262 subpart M. | Cross-references remain but to a new subpart of the generator regulations. |
| Personnel Training | 262.34(a)(4) | 262.17(a)(7) | Moved from 262.34. |
| Closure | 262.34(a)(1)(iv)(B) references 265.11 and 265.114. Section 265.111 references other sections in part 265. | 262.17(a)(8) | Duplicated from 265.11 and 265.114 with some revisions. |
| Land Disposal Restrictions | 262.34(a)(4) references applicable parts of part 268. | 262.17(a)(9) | There is is still a cross-reference to part 268. |
| Extension of Accumulation Times | 262.34(b) | 262.17(b) | Moved from 262.34. |
| Accumulation of F006 | 262.34(g) through (i) | 262.17(c) through (e) | Moved from 262.34. |
| Accepting waste from VSQGs under the control of the same person to consolidate before sending to TSDF. | N/A | 262.17(f) | New provision. |
| Rejected Loads | 262.34(m) | 262.17(g) | Moved from 262.34. |
It took USEPA a little longer, but in January of 2021 it issued a Crosswalk of Previous Regulations to Reorganized Regulations for the Generator Improvements Rule.
Though years in the making, the changes to the Federal regulations are relatively simple 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 many regards – uses the USEPA’s regulatory structure as a template for its own.
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.