The RCRA Generator Improvements Rule

A much-needed update, the RCRA Generator Improvements Rule clarifies current regulations, facilitates improved compliance, offers hazardous waste management flexibility, and enhances the safety of employees and the general public. Published in November 2016 and effective May 30, 2017, this rule should improve your understanding of the RCRA’s regulations. In addition, it directly addresses many issues within the hazardous waste program, focusing on feedback from the regulated community and states. To better understand your hazardous waste compliance obligations, explore our guide below.

The RCRA Generator Improvements Rule

How does the new rule change generator regulations?

The new RCRA Generator Improvements Rule contains approximately 60 revisions to the hazardous waste generator regulatory program, and most of these changes aim to improve efficiency and compliance. This update represents a significant reorganization of the current rules.

When does the rule go into effect?

The rule will go into effect on May 30, 2017, in all states and territories without an authorized RCRA program: Alaska, Iowa, Indian Nations, Puerto Rico, American Samoa, Northern Mariana Islands, and the U.S. Virgin Islands. Forty-eight states have their own authorized RCRA program, which must be as stringent as the RCRA but can be broader in scope. In these states, the Generator Improvements Rule will not become effective until the state formally adopts equivalent state requirements. Check with your jurisdiction to learn the date the Generator Improvements Rule will become effective.

Which regulations are more stringent or broader in scope?

States are only required to modify their regulations to accommodate federal rules promulgated by the EPA that are more stringent or broader in scope. For the Generator Improvements Rule, this includes all of the following:

• Small quantity generators (SQGs), large quantity generators (LQGs), and transfer facilities must better define the risks of hazardous wastes that accumulate in tanks, containers, drip pads, and containment buildings at central accumulation areas and satellite accumulation areas. For example, an SQG may be required to mark containers with the words “Hazardous Waste” and indicate the hazards of the contents of the container.
• LQGs must notify the EPA or their authorized state when they plan to close a facility. They must provide notification 30 days prior to closure and 90 days after closure.
• SQGs must re-notify the EPA every four years to obtain an EPA ID number, which allows the facility to treat, store, dispose of, and transport hazardous waste. At the current time, SQGs are only required to provide a one-time notification.
• LQGs must submit a biennial report identifying all of the hazardous waste generated in the calendar year, not just for the months the facility was a LQG.
• LQGs must update their contingency plans to include a quick reference guide to assist emergency responders. The guide must be submitted to local emergency responders and the Local Emergency Planning Committee (LEPC), if applicable. This plan should be updated and resubmitted whenever the contingency plan is amended.
• Facilities that recycle hazardous waste without storing the waste must prepare and submit a biennial report. This rule also applies to facilities that partially reclaim hazardous waste prior to producing a commodity-like material. Only facilities that receive hazardous waste from off-site sources and/or do not store incoming hazardous waste prior to recycling must comply with this rule.

Which regulations are less stringent?

States with authorized RCRA programs are not required to adopt the less stringent provisions of the RCRA Generator Improvements Rule. These include the following:

• The rule allows very small quantity generators (VSQGs) to voluntarily send hazardous waste to LQGs under the control of the same person.
• So long as they comply with certain specified conditions, VSQGs and SQGs are allowed to maintain their existing regulatory status if an episodic event occurs that generates additional amounts of hazardous waste that would have resulted in them temporarily moving into a higher generator category.
• The rule allows LQGs to apply for a waiver from their local fire department to accumulate ignitable and reactive wastes within the currently restricted 50-foot facility boundary.

In addition, the RCRA Generator Improvements Rule includes some regulations that are neither more nor less stringent. It reorganizes the hazardous waste generator requirements, for example, and provides technical corrections. It also includes new definitions and renames some generator categories.

How can I avoid common compliance mistakes?

As facilities work to comply with the RCRA Generator Improvements Rule, some pitfalls commonly arise. To ensure your compliance, we recommend that you heed the following advice.

First, properly characterize and document all wastes at the point of generation. This will prevent the incorrect determination of hazardous waste, which can lead to mismanagement. Second, determine and record all hazardous properties that apply to hazardous wastes. Communicating the hazards of wastes can help prevent workers, waste handlers, emergency responders, and visitors from being negatively impacted. Finally, record all inspections of tanks or container areas and initiate and document all corrective actions. Maintaining these records will prevent miscommunication and help ensure your facility’s compliance.

How should I get started?

The final rule intends to offer both economic and environmental benefits, including increased flexibility and communication. To learn more about it, please visit the EPA’s website. You can also view the full text of the rule on the Federal Register.

If you need help managing your facility’s hazardous waste, contact Environmental Works, a full-service environmental consulting and contracting firm. We have had great success developing environmental management systems (EMS) for large and small facilities that need help with waste management responsibilities, and we have locations in Springfield, Kansas City, and St. Louis, Missouri, and Springdale, Arkansas. For more information, please give us a call at 417-890-9500.