More States Make Progress with HWGIR Adoption

The Hazardous Waste Generator Improvements Rule (HWGIR) published in the Federal Register on Nov. 28, 2016, became effective federally on May 30, 2017.

The HWGIR includes more than 60 changes to the hazardous waste program, including:

• Reorganizing the hazardous waste generator regulations to make them more user-friendly and improve their usability by the regulated community.
• Providing a better understanding of how the Resource Conservation and Recovery Act (RCRA) hazardous waste generator regulatory program works.
• Addressing gaps in existing regulations to strengthen environmental protection.
• Providing greater flexibility for hazardous waste generators to manage their hazardous waste in a cost-effective and protective manner.
• Making technical corrections and conforming changes to address inadvertent errors and remove obsolete references to programs that no longer exist. 

Each month, as additional states work toward putting the Final Rule into effect, Clean Earth is tracking the status of rulemaking, including timelines for public comment and adoption.

Anticipated rulemaking after July 1, 2021:

• Minnesota: Currently drafting the rule (adding it to previously proposed rulemaking: Land-Related Housekeeping Amendments). Proposed rule to be published October 2021 with final rule going into effect in 2022. Public hearing and comment to be held in October 2021.
• Missouri: Currently drafting the rule. Proposed rule to be published late summer 2021 with final rule to go into effect in 2021. Public hearing and comment in late summer 2021, and stakeholder meetings to be held during the summer.
• New York: Currently drafting the rule (FedReg6). The date the proposed rule will publish is not yet determined (multi-agency reviews required/up to six months). Written comments accepted until further notice, with formal public comment period in summer 2021. Final rule to go into effect in 2022.
• Oregon: Rulemaking is in internal discussions (advisory committee formation) (DEQ rulemaking Plan - Item 10). Notice of rulemaking expected in August 2021, with the final rule to go into effect in 2022. Public comment in August 2021 with public hearing in September 2021. Committee meeting in December 2021.
• Texas: Currently drafting the rule (Phase II: RCRA Authorization for Parts of Federal Rule Clusters XXIV, XXV, XXVI, XXVII and XXVIII). Proposed rule to be published on July 30, 2021, with final rule going into effect on Jan. 6, 2022. Public hearing on Aug. 23, 2021, and comments due by Aug. 30, 2021.
• Vermont: Currently drafting the rule. Proposed rule to be published in summer 2021, with the final rule going into effect in fall 2021. Public hearing and comment in summer 2021.

Rulemaking date not yet determined:

• Connecticut: Currently drafting the rule with intent to adopt portions. Final rule effective date not yet determined.

Clean Earth works hand-in-hand with defense, construction, industrial, chemical, pharmaceutical and consumer packaged goods companies, processing the waste streams their operations generate. More about our portfolio of environmentally-responsible, flexible and cost-effective offerings to help customers with any hazardous waste management need can be found here.

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