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Enhancing Hazardous Waste Generator Regulations for Environmental Protection

Learn about the Generator Improvement Rule (GIR) which provides clarity, flexibility, and strength in environmental protection for hazardous waste generators. The GIR, effective since May 30, 2017, includes re-organization, improved waste management, and new compliance procedures to protect the environment effectively. Review key rule provisions, compliance steps, quantities, and essential requirements outlined by the EPA. Stay informed and ensure compliance to contribute to a cleaner and safer environment.

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Enhancing Hazardous Waste Generator Regulations for Environmental Protection

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  1. Generator Improvements Rule (GIR) For reference only

  2. Background GIR is an update to the regulations that apply to generators of hazardous waste RCRA was enacted in 1976 and amended in 1984 by the Hazardous and Solid Waste Amendments but hasn’t changed since. These changes are over 30 years in the making. The new regulations were adopted by EPA and became effective federally on May 30, 2017 EPA’s primary objectives include: re-organization, providing clarity, strengthening environmental protection, and providing greater flexibility to generators Found in Code of Federal Regulations, Title 40, Part 262 (Also Part 260 (Definitions)) For reference only

  3. Codified May 30,2017 Signed October 28,2016 Authorized States must Adopt more Stringent requirements By July 1,2018 (or July 1, 2019, If change inlaw Isrequired) Published in federal register November 28,2016 September 15,2015 Proposedrule

  4. Review:Steps for Compliance with Hazardous Waste Regulations Identify that you have a waste and determine if it is hazardous Count how much hazardous waste you generated in the calendar month Notify EPA or your authorized state agency of your hazardous waste activities Manage the waste from the point of generation (Manifested) Ship the waste offsite using a certified transporter (Manifested) Dispose of the waste at a permitted TSDF (Manifested) For reference only

  5. Review:Quantity Limits Small Quantity Generator (SQG) Large Quantity Generator (LQG) ≤ 5 Drums or ≤ 275 Gal. or ≤ 2200 lbs. or ≤ 1000 kg > 5 Drums or > 275 Gal. or > 2200 lbs. or > 1000 kg Key: 55 Gal. Drum = 440 lbs. = 200 kg For reference only

  6. 3 Major RuleProvisions • Reorganization • Hazardous Waste Determinations (§262.11) • Hazardous Waste Counting (§262.13) • VSQGRequirements • Episodic Generation (part 262 subpartL) • Consolidation of VSQG Waste at LQGs (Same Company) (§§ 262.14 &17) • Marking and Labeling (throughout generatorregulations) • Satellite Accumulation Areas (§262.15) • SQG Re-notification (§262.18) • Drip pads and containment buildings (§262.16) • Emergency planning & preparedness (§ 262.16 & part 262 subpartM) • 50-foot waiver (§262.17) • Reporting and Recordkeeping (§262.41) • Closure (§262.17) • AdditionalClarifications

  7. Does it automatically take effect in California? No Does it automatically take effect in California? Does it automatically take effect in California ?No No May 30,2017 July 1,2018 June 1,2017 July 1,2019 Does theGenerator improvement ruleautomatically take effect federally? Yes

  8. Thehazardouswastegeneratorimprovementruledoes nottakeeffectinCaliforniauntilDTSCadoptsit • To retain state authorization, DTSC is required to adoptthoseprovisionswithintherulethataremore stringent • DTSC may adopt provisions that are less stringent or neitherlessnormorestringent,butisnotrequiredto

  9. Mandatory Requirements New re-notification requirements Enhanced labeling and marking Enhanced pre-transportation marking Closure regulations  New requirements for incompatible wastes in SAAs SQGs and LQGs must attempt to make contact with local authorities and document the attempt LQGs must update their contingency plan to include a quick reference guide For reference only

  10. Green = Non-Substantive Optional Requirements Allowing VSQGs to send their hazardous waste to LQGs Waiver to the 50 ft. rule for accumulating ignitable and/or reactive wastes at LQG facilities Allowing generators to maintain their generator category during episodic generation Changing the term CESQG to VSQG Adding new language for hazardous waste determination criteria Distinguishing between independent requirements and conditions for exemption Revisions to SAA requirements for SQGs and LQGs (9 changes in total) Re-organization of the regulations to make them more user friendly Adding new definitions for CAA, VSQG, LQG, Non-Acute Hazardous Waste and modifying the definitions of SQG and Acute Hazardous Waste Mixing non-hazardous waste with hazardous waste Requirement prohibiting generators from disposing of hazardous liquid in landfills For reference only

  11. Regular Rulemaking Flowchart Legislature Grants Authority Preliminary Activities Notice of Proposed Rulemaking (NOPR) Initial Statement of Reasons (ISOR) Text of Regulations Publication Minimum 45-day Commenting Period Incorporate Feedback (Iterative Process) Rulemaking Record Closed For reference only

  12. Useful Links • DTSC GIR Web Page • EPA GIR Web Page • DTSC Website • Subscribe to the Cal. Code Regs. Title 22 UpdatesE-List

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