Oregon Latest to Acquire Hazardous Waste Generator Improvements Rule


States are continuously working toward adopting the final Hazardous Waste Generator Improvement Rule in order to reach compliance. The final rule consists of more than 60 changes to the hazardous waste generator regulations that identify and clarify existing requirements to ultimately improve the environment.

The rule also allows for increased flexibility in how hazardous waste is managed and categorized across the U.S. One of the ways the Environmental Protection Agency (EPA) provided said flexibility was by allowing hazardous waste generators to bypass the obligation of being named in a higher generator status when generating episodic waste – given that the episodic waste is managed correctly. (Episodic generation is when an event outside of a business’s normal waste generating activities produces a large volume of waste that prompts a generator to move to a larger generator status.)

The following highlights state progress toward adopting the Hazardous Waste Generator Improvements Rule.

Rule is Effective

  • Oregon: The rulemaking is complete and went into effect January 1, 2022.

Anticipated Rulemaking by July 1, 2022

  • Montana: The rule is in the public comment period (adopting by reference.) The formal rule will be published January 14, 2022, with the formal public meeting taking place on February 5, 2022. Formal comments are due February 14, 2022. The rule is to go into effect May 2022. The updated website can be found here.
  • Texas: Rulemaking is in the post public comment period. The TCEQ Commission Meeting was held on January 12, 2022. Anticipated publication date is January 28, 2022 with the rule going into full effect on February 3, 2022.
  • Vermont: Rulemaking is complete and pending publication. The Legislative Committee on Administrative Rules Meeting was approved to be held on January 6, 2022. Final rule is to go into effect February 1, 2022.
  • Washington, D.C.: The rule is currently in the public comment period (adopting by reference.) The proposed rule was set to be published December 24, 2021, with comments due February 7, 2022. The final rule is to go into effect late February/early March 2022. The updated website can be found here.

Anticipated Rulemaking after July 1, 2022

  • Minnesota: The proposed rule is to be published April 2022, as well as public hearing dates, comment periods and meeting notes.
  • New York: The rule, FedReg6, is currently being drafted. Public comments will be accepted in the first half of 2022 until further notice.

Not Yet Determined

  • California: The rulemaking is under Legislative Review, section 100 rule, for mandatory portions of rulemaking only. A revised resubmittal occurred January 4, 2022. The final rule is to go into effect mid-February, 2022.

Clean Earth works closely with industries like construction, defense, industrial and chemical by processing their hazardous waste streams, including hazardous aerosols, lab packs and pharmaceutical waste, asbestos, flammable solids and more. Our company approach is to offer smarter and greener solutions, and that includes our methods to recycle hazardous waste safely and efficiently.

Learn more about how we service multiple industries’ hazardous waste.


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