Generator Improvements Rule Pending in 27 States

JULY 15, 2019

As of July 2019, there are 27 states pending adoption of the Hazardous Waste Generator Improvements Rule.

This rule is a much-needed update and makes other rules easier to understand, facilitates better compliance, provides greater flexibility in how hazardous waste is managed and closes important gaps in the regulations.

Two key provisions where the U.S. Environmental Protection Agency (EPA) is finalizing flexibility are:

1. Allowing a hazardous waste generator to avoid increased burden of a higher generator status when generating episodic waste provided the episodic waste is properly managed.
2. Allowing a very small quantity generator (VSQG) to send hazardous waste to a large quantity generator (LQG) under control of the same person.

Clean Earth continues to monitor the latest activity. Below, we’ve outlined the most recent anticipated schedule of states and territories adopting the rule.

States Where the Rule is in Effect

Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kentucky, Mississippi, New Jersey, New Mexico, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, South Carolina, Utah, Virginia, Washington, West Virginia and Wyoming

Regulatory Timeline for States Remaining

As noted above, 27 states are still pending adoption. Several states have an anticipated rulemaking in 2019.

Indiana’s second public comment period will be held in August. Comments on South Dakota’s rule are due July 15, and the state will host a public hearing July 18. Wisconsin’s second public comment period is slated for later this summer.

Additionally, Ohio published its draft rule, which is currently undergoing stakeholder review.

Clean Earth is here to help your business stay safe and compliant in a changing regulatory environment. Click here to learn about our suite of services.