Navigating the New Generator Improvements Rule in California: What You Need to Know

As of July 1, 2024, California adopted the United States Environmental Protection Agency’s (USEPA) May 30, 2017, Hazardous Waste Generator Improvements Rule (GIR), bringing significant updates to the state’s hazardous waste regulations. The GIR requires states to adopt any federal hazardous waste management provisions that more stringent than existing state regulations.

California’s hazardous waste regulations have undergone substantial reorganization to better align with the USEPA standards. This alignment aims to streamline and modernize hazardous waste management across the state. Below is an overview of the key changes relative to the specific hazardous waste generator categories and their impact on hazardous waste generators in California.

Satellite Accumulation Areas

Modifications crucial to ensuring compliance and improving safety in hazardous waste management have been made to regulations surrounding Satellite Accumulation Areas (SAAs). Here’s a summary of the key updates:

• Regulations: Regulations for SAAs are now found in 22 CCR 66262.15.
• Acute Hazardous Waste Threshold: The threshold for acute hazardous waste has been adjusted to include 1 kg for solids.
• Quantity Limits: California’s previous quantity limits for processes in the same physical area have been removed.
• Incompatible Waste: New rules require incompatible wastes to be properly separated or protected from each other.
• Temporary Venting: Venting hazardous waste containers in an SAA is now allowed to ensure the proper operation of equipment or prevent dangerous situations, such as extreme pressure buildup.
• Emergency Preparedness: Generators must meet specific emergency preparedness and planning requirements, according to the generator status.

Small Quantity Generators

Small Quantity Generators (SQGs) also face new regulatory changes. Below are the essential updates to be aware of:

• Regulations: Regulations for SQGs are now found in 22 CCR 66262.16.
• Container and Tank Requirements: These have been consolidated into the SQG section.
• Tank Record Keeping: SQGs must maintain records demonstrating that hazardous waste storage tanks are emptied every 180 days for batch processes or that estimated daily volumes will exit within 180 days for continuous flow processes.
• Emergency Response Information: Information only needs to be located next to telephones in hazardous waste areas, as opposed to all telephones.
• Re-notification: Starting in 2024, SQGs must re-notify their status every four years.

Very Small Quantity Generators

The Very Small Quantity Generator (VSQG) designation, which replaces the previous Conditionally Exempt Small Quantity Generator designation, comes with its own set of revised rules. Here’s what you need to know:

• VSQG Relief Exemption: VSQGs now have a 180- or 270-day accumulation period, starting from when they accumulate 100 kg of hazardous waste (or 1 kg of acute or extremely hazardous waste). This is an increase from the previous limit of 90 days.

Large Quantity Generators

Large Quantity Generators (LQGs) have several new regulations to follow, which are aimed at enhancing safety and compliance. Here are the most important updates.

• Regulations: Regulations for LQGs are now found in 22 CCR 66262.17.
• Container and Training Requirements: These have been integrated into the LQG section.
• “No Smoking” Signs: “No Smoking” signs are required in areas storing D001 and/or D003 wastes.
• Tank Recordkeeping: LQGs must demonstrate that hazardous waste storage tanks are emptied every 90 days for batch processes or that daily volumes will exit within 90 days for continuous processes.
• Closure Requirements: New requirements for closing storage units and facilities include notifying the Department of Toxic Substances Control 30 days prior to closure and 90 days after clean closure.
• Re-notification: LQGs must re-notify by March 1 of even-numbered years, which can be done with their biennial report.
• Emergency Response Guide: LQGs are required to create a “quick reference guide” for emergency responders. New LQGs must develop this guide immediately while existing LQGs need to update it during their next contingency plan revision. This guide must include:
  • The names and types of each hazardous waste
  • Maximum quantities
  • Any waste requiring special medical treatment
  • A facility map

Other Key Updates

In addition to the changes specific to generator category, there are several updates that affect all hazardous waste generators:

• Marking Requirements: In addition to all existing requirements, hazardous waste containers must be marked with indications of the hazards.
• Reporting Requirements: Generators that operate as an LQG for at least one month during the reporting year must report hazardous waste generation activities for the entire year.
• Local Emergency Planning Committee (LEPC): LEPCs are now qualified contacts for emergency planning purposes.
• Non-Bulk Containers: Containers smaller than 119 gallons must now be marked with all applicable USEPA waste codes.

Adoption of the Generator Improvements Rule represents a significant shift in hazardous waste management regulations in California. These updates are designed to enhance safety, improve regulatory alignment, and streamline hazardous waste handling processes.

If you have additional questions regarding the Generator Improvements Rule or California hazardous waste regulations and would like assistance, please reach out to Jessica Myer.

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References

Generator Improvements Rule | Department of Toxic Substances Control (ca.gov)