Generator Improvements Rule Update October 2019

OCTOBER 23, 2019

Below are the most recent movements for the Generator Improvements Rule with updates in Indiana, Michigan, Nebraska, Rhode Island, Tennessee and Wisconsin. 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, Iowa, Kentucky, Mississippi, 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 2019

Indiana and New Hampshire

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

Washington D.C. is currently drafting their ruling and are hoping for late 2019 to early 2020 effectiveness. Indiana is complete with their rulemaking and pending publication with final rule taking effect Mid-December to mid-January. Louisiana is currently drafting their version of the generator improvements rule and is focused on Fall of 2020. Maryland has created their draft and looking to publish soon to be able to have public hearings this Fall. Michigan just had their public hearing on October 16 and is still expecting Final Rule to be adopted in early 2020. Nebraska has proposed their initial rule being published in Spring 2020 with final rule taking effect Summer to Fall 2020. New Hampshire will be issuing their rule in two parts. Part 1 is anticipated for later this year and Part 2 being rolled out in 2021, and is currently in the Post Public Comment period. Rhode Island is currently drafting their rule with proposed rule publishing in late 2019 or early 2020 and final rule expected in early 2020. Tennessee is in the public comment period currently with their rulemaking hearing on December 3, 2019 and comments due on the same date;  they are expecting their final rule taking effect in 2020. Finally, Wisconsin is currently in legislative review with final rule taking effect in Spring 2020.

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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