New Hampshire, South Dakota Continue Generator Improvements Adoption
SEPTEMBER 16, 2019
As of August 2019, there are still 27 states pending adoption of the Hazardous Waste Generator Improvements Rule.
Once this rule is updated by each state, it will make other rules easier to understand and facilities more complian. It will also provide greater flexibility in how hazardous waste is managed and close important gaps in existing regulations.
Two key provisions where the U.S. Environmental Protection Agency (EPA) is finalizing flexibility are:
- Allowing a hazardous waste generator to avoid increased burden of a higher generator status when generating episodic waste provided the episodic waste is properly managed.
- Allowing a very small quantity generator (VSQG) to send hazardous waste to a large quantity generator (LQG) under control of the same person.
Clean Earth continues to monitor the latest activity. Below, we outline the most recent anticipated schedule of states and territories adopting the rule.
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, Utah, Virginia, Washington, West Virginia and Wyoming
Regulatory Timeline for States Remaining
As noted above, 27 states are still pending adoption. Several states including Ohio and North Dakota have an anticipated rulemaking in fall 2019.
New Hampshire plans to adopt the rule in two parts. Comments on part one were due Sept. 6, and the state legislature hopes to adopt part one in in 2019, followed by part two in 2021.
Additionally, South Dakota held an Interim Review Committee hearing on Aug. 12. Comments on the Texas rule were due Aug. 9.
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