Generator Improvements Rule Update February 2020

FEBRUARY 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, Clean Earth'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

California has had little change with the exception that Section 100 Rule is intended to be completed without a formal rulemaking. Connecticut is still undetermined on public hearing dates, it is assumed that Fall 2020 would be the most likely time. The District of Columbia has set recent dates for a proposed rule to be published in Spring of 2020, public hearings in Summer of 2020, and a final rule effective date of late Summer/Fall 2020. Louisiana has announced public hearing dates for Summer of 2020.  Maryland is looking to have a proposed rule published for Summer or Fall of 2020 with public hearings in the same time frame with a final rule effective date in Fall of 2020. Michigan plans for Spring of 2020 to have it final rule effective date in place. Minnesota is looking to have a proposed rule published in Spring of 2020, public hearings in Summer 2020, and a final rule effective date end of 2020/early 2021. Missouri is setting Spring/Summer 2020 as a proposed rule date and public hearings for stakeholders, and a final rule effective date in late 2020. Montana has set Fall 2020 for a proposed rule published and public hearings with a final rule effective date in late 2020 or early 2021. New York is currently Drafting Rule (FedReg6) with stakeholder/public meetings that took place in July of 2019 with written comments accepted until further notice. Public workshops are through 1/22-2/26. Ohio’s current status on rule making is post public comment period/revising rules. Proposed rule published in formal publications in Spring of 2020, a formal comment period in Spring of 2020, and a final rule effective date in Fall 2020. Rhode Island Has a proposed rule date to be published, formal comment period, and effective date all within 2021 . Tennessee is currently in the post public comment period with a final rule effective date set for October 2020. Texas is looking to have a proposed date published in September 2020 and formal comment period in Fall of the same year, and a final rule effective date in late 2020/early 2021.

For more information on the Hazardous Waste Generator Improvements Rule, visit the EPA’s website for a list of frequently asked questions and answers.

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