Generator Improvements Rule Update June 2020

JUNE 25, 2020

The EPA’s final Hazardous Waste Generator Improvements Rule revises hazardous waste generator regulations by making them easier to understand and providing greater flexibility in how hazardous waste is managed. This includes rules for improvements to environmental protection and labeling of hazardous waste.

It is critical for hazardous waste generators to be aware of where the rule is in effect, when it will come into effect in your state and the impacts to your organization, in order to remain compliant. To keep you up-to-date on changes, Stericycle’s experts provide regular updates on changes that can affect your organization.

There was not a significant amount of changes this past month regarding Generator Improvements Rule. Below are the most recent updates. We will continue to monitor activity and keep you posted with the most up-to-date information available.

States Where the Rule is in Effect

Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Mississippi, New Hampshire (partially in effect), New Jersey, New Mexico, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, South Carolina, South Dakota, Utah, Virginia, Washington, West Virginia and Wyoming

Anticipated Rule-making in 2020, 2021 or Not Yet­ Determined

Arkansas, California, Connecticut, Delaware, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New York, Nevada, North Dakota, Ohio, Oregon, Rhode Island, Tennessee, Texas, Vermont, Washington, D.C. and Wisconsin

Specific Updates

Arkansas drafting Rule 23 the Pollution Control and Ecology Commission (PCEC) Approved Process Start, with its First PCEC Meeting May 28, 2020; Public Hearing June 20, 2020; Comments Due August 3, 2020; Second Pollution Control and Ecology Commission Meeting August 28, 2020 (Public statements allowed), with the final rule effective date set for September 2020. California has withdrawn portions of the rulemaking and are resubmitting in fall of 2020. Delaware is planning to have its rules published on July 1st, 2020. District of Columbia has planned to have a proposed rule date published in June or July, public hearings will take place 30 days after publication, with a final rule effective date taking place in Fall of 2020. Michigan will have its final rule effective date set in the summer of 2020. Nebraska proposed date for rule publishing is set for fall of 2020 with public hearings in Summer or Fall 2020, and the final rule effective date in late 2020. Nevada has its State Environmental Commission Meeting July 1, 2020; Comments will be accepted until June 25, 2020, with a final rule effective date of Early 2021 (Upon Filing of Approved Regulations). New York will have a proposed rule date published in Summer 2020 (Various Agencies Review); Late 2020 (Public Review), the Formal Public Comment Period is in late 2020 or early 2021, and a final rule effective date will be set for 2021. Ohio has a proposed rule date published for Summer 2020, with a formal comment period in Summer or Fall, with a final rule effective date set for late 2020 or early 2021. Vermont has not yet determined their proposed rule date (Including pre-review by other agencies before publication), public hearings, or final rule effective date. Wisconsing has completed it’s rulemaking (Pending Publication and Effective Date) the publication date is expected on 7/27/2020 with a final rule effective date on 8/1/2020.

AEROSOL – UNIVERSAL WASTE RULEMAKING STATUS

In December, the U.S. Environmental Protection Agency signed a Final Rule to add hazardous waste aerosol cans to the Universal Waste (UW) Program under the Federal Resource Conservation and Recovery Act (RCRA) regulations. The Final Rule went into effect on Feb. 7 in Alaska, Iowa and Puerto Rico. Shortly after Feb. 7, the rule went into effect in KY, NJ, NC and PA.

Regulations on this new rule are less stringent than current aerosol regulations, which classify aerosols as hazardous waste, but all states will need to adopt this rule into their state regulations over time. This rule will impact a variety of establishments, including in the retail sector, across the country.

States Where the Rule is in Effect

Alaska, California, Colorado, Iowa, Kentucky, Minnesota, New Mexico, New Jersey, North Carolina, Pennsylvania, Utah

Specific Updates

Arizona is now in its public comment period, on may 18th 2020 the proposed rule was published around Stakeholder Outreach/Draft rules with June 9th being the public comment period/public hearing for Stakeholder Outreach/Draft rules. Delaware has a proposed rule date being published on July 1st, 2020. The District of Columbia has a proposed rule date to be published in June or July 2020, and public hearing comment periods occurring 30 days after publication; the Final rule effective date is set for Fall of 2020. Georgia had set May 26 to publish their rule, June 10, 2020  was set as a Public Hearing; Comments Due July 1, 2020; Board Adoption Meeting on August 25, 2020, and the effective date is set for September 2020 (20 days after Board approval paperwork submitted) Illinois proposed rule dates were published; 5/12/2020 (Online); 6/12/2020 (Register) and has entered the comment period, Comments Due 7/27/2020; Board Meeting 8/6/2020, with a final rule effective date of 8/17/2020. Indiana is now Post public comment period, public hearing is anticipated Summer 2020, the comment period ended as of 5/22. Michigan has completed public hearings and comment periods with a final rule effective date of Summer 2020. Nebraska proposed rule date will be published in Summer or Fall of 2020, public hearings will take place in that same time frame with a final rule effective date in late 2020. New York  has a proposed rule date to be published in Summer 2020 (Various Agencies Review); Late 2020 (Public Review), a formal public comment period in late 2020 or early 2021, and a final rule effective date in 2021. South Carolina has a public hearings and comment periods in Summer 2020, with a final rule effective date in Spring 2021. Vermont’s proposed date for rule publishing is not yet determined (Including pre-review by other agencies before publication), public hearings, comment periods, and effective date are undetermined at this time.