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Hazardous Waste Generators

Most states are required to adopt the provisions of the Hazardous Waste Generator Improvements Rule (HWGIR) by July 1, 2018. Indiana, Michigan, Ohio, and Kentucky (among other states), will adopt the rules this July. Indiana will adopt the rule by reference.

EPA promulgated the HWGIR November 28, 1016 and took effect at the federal level May 30, 2017. The rule allowed states until July 1, 2018 to adopt provisions in the HWGIR that are more stringent than the previous requirements. More stringent provisions include:

  • Re-notification every four years by small quantity generators.
  • Incompatible wastes must not be placed in the same containers at a satellite accumulation area.
  • Satellite accumulation areas are subject to emergency preparedness and prevention requirements.
  • Labels on waste containers, tanks, and containment buildings must identify the hazards of wastes being accumulated.
  • RCRA waste codes (e.g., F006, D001) must be marked on the waste container prior to shipment off-site.
  • A generator must submit notification to EPA or the authorized state when preparing to close its facility and when that closure has been completed.
  • If a large quantity generator (LQG) that has accumulated hazardous waste in containers cannot meet standards to clean close its facility at the end of its life, it must close as a landfill.
  • If a generator is an LQG any month of the year, it must complete the Biennial Report for all the waste generated in that year, not just the waste generated in the months it was an LQG.
  • Recyclers that do not store prior to recycling must complete and submit the Biennial Report.
  • LQGs must prepare Quick Reference Guides for their contingency plans and submit them to local responders.

Note, there may be instances where states have existing regulations or policies that are less stringent than the new provisions and thus, may need to be revised to be as stringent as the federal program.

The provisions in the final generator rule that are less stringent than the previous regulations do not have to be adopted by states because state regulations can be more stringent than the federal regulations. These provisions are the following:

  • Streamlined provisions to allow generators that experience an event outside of normal production to ship that waste off site with a manifest to a RCRA-designated facility without a change to their normal generator category (referred to as Episodic Generation).
  • Allowing LQGs to accept waste from very small quantity generators under the control of the same person for consolidation at the LQG. The consolidated waste then must be shipped from the large quantity generator to a RCRA-designated facility under a hazardous waste manifest, referred to as very small quantity generator (VSQG) to LQG Consolidation.
  • Allowing LQGs that cannot meet the requirement to store ignitable or reactive waste 15 meters from the property line to get a waiver from the local fire authorities if appropriate.

The remaining revisions in the final rule are clarifications, the reorganization of the regulations, and explanations of the existing rules. Thus, authorized states may, but are not required to, adopt these changes. EPA encourages states to adopt these program improvements.

The contents of this page are from the EPA’ Frequently Asked Questions for  the HWGIR- https://www.epa.gov/hwgenerators/frequent-questions-about-implementing-hazardous-waste-generator-improvements-final-rule

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