Generator Improvements Rule Update September 2019

SEPTEMBER 24, 2019

Below are the most recent movements for the Generator Improvement Rule with South Dakota now having their ruling in effect and Maryland, Michigan, Nebraska, and Wisconsin pushing to 2020 rule-making. 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, New Hampshire, Rhode Island and Tennessee

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, Texas, Vermont, Washington, D.C. and Wisconsin

Specific Updates

Delaware continues to have internal discussions with no determination yet. Washington D.C. is currently drafting their ruling and are hoping for late 2019 to early 2020 effectiveness. Indiana is focused on December 2019 for their final rule. 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, as is Michigan. Minnesota is set for early 2020 for their publishing and public hearings with May of 2020 being their date for their rule-making to be in effect. 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. New York, Ohio and Rhode Island are currently drafting their rule with final ruling in 2020 or 2021. Texas is currently in internal discussions with a goal of publishing their proposed ruling in Summer 2020 and the final rule taking effect late 2020. Finally, Wisconsin has posted public comments and have had public hearings. They are set to meet with the Board of Natural Resources October 23, 2019. They anticipate their final rule taking effect in the Spring of 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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