As of June 15, 2021
, 35 states have adopted the RCRA Generator Improvements Rule: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
Add to that list Puerto Rico, American Samoa, the Northern Mariana Islands, and Federal Tribal territories, all of which use the Federal RCRA regulations.
Keep your RCRA expertise up to date and get annual RCRA training for hazardous waste personnel required by US EPA in 40 CFR Part 262. Join us for a live RCRA webinar or train at your own pace with online RCRA training.
Which States Have Adopted the Generator Improvements Rule (GIR)?
As of July 14. 2021, the states shown on the map below in blue
have adopted (at least) the required changes from EPA’s Generator Improvements Rule:
*Map updated on 6/14/2021
Update 06/14/21: Maryland
has adopted the RCRA Hazardous Waste Generator Improvements Rule. A Notice of Final Action was published to the Maryland Register issued on April 23, 2021
When the rule was proposed, Maryland DOE released a two-page document
detailing critical hazardous waste regulatory changes. Effective date: May 3, 2021.
Update 04/30/21: Tennessee has adopted the RCRA Generator Improvements Rule
, along with other Federal hazardous waste rule updates. Effective date: May 13, 2021
Effective January 21, 2021, Delaware has adopted the RCRA Generator Improvements Rule.
New regulations concerning aerosols as universal waste, hazardous waste pharmaceuticals, waste airbags, hazardous waste import/export, and electronic Manifests are in effect now in Delaware too.
Update 01/13/20: Nevada
adopted the Generator Improvements Rule in 2020, Lion has learned. The updated hazardous waste regulations were signed into law on August 25, 2020.
As of October 2, 2020, Arkansas
has adopted five recent RCRA rule updates, including the Generator Improvements Rule, into state Regulation 23. The state's Pollution Control and Ecology Commission (APC&EC) notified stakeholders of the rulemaking by e-mail this week.
Update 10/05/20: Michigan
, and Wisconsin
have all incorporated the RCRA Generator Improvements Rule into their state hazardous waste regulations.
: August 3, 2020 (Details
: September 1, 2020 (Details
: October 5, 2020 (Details
In July 2020, Louisiana
and North Dakota
each adopted the updates in EPA's Generator Improvements Rule.
are the two states to most recently adopt EPA's Generator Improvements Rule. That means half the country (25 states) have now adopted the more stringent RCRA requirements.
The effective date for US EPA’s landmark Generator Improvements Rule (GIR) was May 30, 2017.
States with approved RCRA programs (i.e., all states other than Alaska and Iowa) were required to adopt at least the more-stringent regulations within one year of the Final Rule’s effective date. If a state needs to change its state law to accommodate changes to its hazardous waste program, the state gets two
years to adopt the Generator Improvements Rule.
Both the one-year and two-year deadlines have now passed. Still, not all states have adopted the mandatory elements of the Generator Improvements Rule.
New RCRA Rules Under Construction…
In the states that have not yet adopted the GIR, regulatory authorities are discussing their options internally, drafting rules, and collecting public input. Here are some updates from around the country:
California’s DTSC laid out a plan to adopt elements of the Generator Improvements Rule and reorganize their Title 22 regulations.
Kansas is drafting a rule to adopt the RCRA revisions as well. In the meantime, a state policy allows generators to use some of the new reliefs in the rule while they wait for the state to officially adopt.
Maryland DOE published a Notice of Proposed Action to adopt the RCRA Generator Improvements on January 29, 2021. DOE also posted a fact sheet for generators: Proposed Changes – What You Need to Know.
Minnesota plans to propose adoption of the Generator Improvements Rule and other recent RCRA changes in April 2021. The state aims to officially adopt the new requirements before the year ends.
New York is considering revisions to its hazardous waste rules to incorporate changes made to Federal hazardous waste regulations in EPA's Generator Improvements Rule, Hazardous Waste Pharmaceuticals (HWP) Rule, Definition of Solid Waste (DSW) Rule, and relaxed management standards for airbags. The working title for New York's rulemaking-in-progress is "FedReg6."
Oregon discussed hazardous waste regulation changes under consideration—including the Generator Improvements Rule—at a Hazardous Waste Rules Advisory Committee Meeting on April 27, 2021.
In Texas, a rulemaking project (2019-086-335-WS) is in progress to adopt the Generator Improvements Rule, EPA's Hazardous Waste Pharmaceuticals Rule, and an update to the Definition of Solid Waste made in 2018.
Vermont included the Generator Improvements Rule on a list of “anticipated proposed changes” to the state hazardous waste program on February 19, 2021.
Did we miss your state? Know something we should add to the next update?
Email rwm@Lion.com and we’ll take a look!
If Your State Has Adopted the GIR...
If your state is pictured in blue
on the map above, check your state regulations to see if they adopted the GIR in its entirety.
States are not
required to adopt anything that is less
stringent then their current regulations.
The following four changes are examples of new RCRA rules that are less stringent:
- 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 its hazardous waste to a large quantity generator under control of the same person
- Venting containers at satellite areas for certain conditions
- Removing the need for the home address of Emergency Coordinators
To check your updated state regulations, click here and scroll to your state for the link: Links to Generator Improvements State Regulations
What if My State Did Not Adopt the GIR Yet?
If your state is shown in orange
on the map above, it is technically out of compliance! Lion Technology recommends you adhere to more stringent regulations in anticipation of their adoption.
In the US, hazardous waste regulation is a joint effort between Federal and state agencies. When US EPA makes changes to the Federal program, states must adopt any updates that make the rules more stringent
. States that fail to maintain hazardous waste regulations that are at least as stringent as the Federal RCRA program risk losing their authorization to run a state program.
How the Generator Improvements Rule Makes RCRA Stricter
The following are examples (not
all-inclusive) of more stringent requirements
from EPA's Generator Improvements Rule:
- The recordkeeping and retention requirements for hazardous waste determinations previously found at 40 CFR section 262.40(c) were moved into section 262.11(f), with clarifications on what records must be kept;
- Small and Large quantity generators must indicate waste codes on containers before shipping hazardous waste off site to a RCRA permitted treatment, storage, and disposal facility in accordance with the requirements of 40 CFR section 262.32; and
- Any generator managing a potentially hazardous waste should manage it in accordance with the generator regulations until such time that the generator is sure that the waste is not hazardous (e.g. while awaiting the results of analysis).
Marking and Labeling
The final rule added a provision for generators to mark hazardous waste containers with an indication of the hazards of the contents.
Emergency Preparedness and Prevention
The GIR added a requirement that the generator must keep documentation of the fact that it has made arrangements with local emergency responders.
LQG’s written contingency plan must include satellite accumulation areas and have a “quick reference guide.”
There are new closure reporting requirements for a large quantity generator’s 90-day central storage area.
Small quantity generators will be required to re-notify starting in 2021 and every four years thereafter using EPA Form 8700-12
. This re-notification must be submitted by September 1st of each year in which re-notifications are required.
Watch your State Registers for official notification of when the GIR has been adopted in your state, keep an eye on Lion News for more updates in the future, or visit the EPA website for a list of state adoption activities.
Get RCRA Training—When You Want, Where You Want
US EPA requires hazardous waste professionals to complete annual training on the RCRA requirements. Lion makes it easy to meet your RCRA training mandate in a variety of formats—nationwide public workshops, convenient online courses, live webinars, and on-site training.
Browse RCRA training options here to find the course that fits your needs, your schedule, and your learning style.