The new USEPA regulations of the Generator Improvements Rule became effective on May 30, 2017 at the Federal level and in those states that lack an authorized hazardous waste program:

• Alaska
• Iowa
• The Indian Nations
• The territories Puerto Rico, American Samoa, N. Mariana and US Virgin Islands

States with an authorized hazardous waste program must adopt the more stringent requirements of the new rule on the following schedule:

• States have until July 1, 2018 to adopt more stringent requirements of the new rule.
• States have until July 1, 2019 to adopt more stringent requirements of the new rule if a change to state law is required.

Provisions of the new rule will not be effective in these states until they have adopted the new rule and have become authorized for the new provisions.

Authorized states are not required to adopt the requirements of the new rule that are less stringent or no more stringent than the current hazardous waste regulations.

Two states with an authorized hazardous waste program (New Jersey and Pennsylvania) immediately adopted the new rule when it went into effect on May 30, 2017.

More Information:

• Summary of the Generator Improvements Rule
• EPA webpage: Where is the Hazardous Waste Generator Improvements Rule in effect? 
• EPA webpage: Links to State Environmental Agencies

If you are a generator of hazardous you have likely heard of the new Generator Improvements Rule and may be curious about its potential impact on your responsibilities as a hazardous waste generator under the federal regulations of the U.S. Environmental Protection Agency (USEPA) and those of your state. The purpose of this article is to provide a brief summary of this new rule and to provide links to other sources of information and articles I have written containing more in-depth explanations of individual components of the new rule. Be sure to check back frequently as this information is updated. (more…)

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

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?

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.