What does the EPA’s Generator Improvements Rule (GIR) mean to you?
GRRRRRRR! The GIR is back! No, we’re not angry. We’re just having some fun with the acronyms! You may recall the EPA’s Generator Improvements Rule (GIR), which became effective years ago (May 30, 2017, to be exact). If you are in a state not authorized by the EPA for RCRA, that 2017 date is when the GIR became effective in your state. If you are in a state authorized for RCRA (basically everyone except Iowa and Alaska), the GIR became effective once the state adopted it. Well, hallelujah – California finally adopted the GIR after over seven years! Most states have adopted the rule, but a handful of Midwest and East Coast States still have not.
So, cutting to the chase – what does adoption of the GIR mean to you? Like many other hazardous waste regulations in the USA, it depends on your state. Anything in the GIR that was more stringent than what your state currently had in place needed to be adopted. Things in the GIR that were less stringent than what your state had in place were optional. Naturally, this resulted in different states adopting different versions of the GIR. So the takeaway is to always check with your state to see which portions of the GIR they adopted and which portions of the GIR they did not. https://www.epa.gov/hwgenerators/where-hazardous-waste-generator-improvements-rule-effect
For example, the GIR added marking requirements to containers/tanks/buildings for hazardous waste. These marks must now identify the hazards of the waste being accumulated (40 CFR 262.14(a)(5)(viii)(B), 262.15(a)(5), 262.16(b)(6), 262.17(a)(5). Some states have already required this (e.g., CA and WA), so there is no big change here for generators in those states. In other states, this additional marking requirement may be something new.
Another new requirement is biennial re-notification of hazardous waste activity. This is required for LQGs and SQGs. LQGs typically satisfy this requirement when filing their biennial report, but this will be something new for SQGs (note that this re-notification is not required for VSQGs).
An interesting provision under the GIR would allow VSQG to ship their hazardous waste to an LQG under the same company’s control (40 CFR 262.17(f). But remember, this is less stringent than the original rules, so some states have adopted it, and others have not. So, if you have an LQG in one state and a VSQG in another and would like to take advantage of this provision, you must ensure that both states have adopted this less stringent provision.
Since California just adopted portions of this GIR, let’s take a closer look at what the DTSC adopted and how it might affect hazardous waste generators in California.
| GIR Rule Adopted | Impact on California Hazardous Waste Generators |
| A re-notification requirement for small quantity generators and large quantity generators (40 CFR 262.18(d)) | If you were a large quantity generator, you typically did this when you filed your biennial report – so nothing new here. However, this will be something new for small-quantity generators. They will need to re-file (either electronically or on paper) their notification of hazardous waste activity. |
| Additional marking and labeling requirements for containers and tanks (40 CFR 262.15(a)(5), 262.16(b)(6), 262.17(a)(5), 263.12(b) and 268.50(a)(2)(i)) | No big change here! Hazardous waste generators in California have long been required to mark hazardous waste containers with an indication of the hazard. The ‘new’ thing here is that the DTSC now mentions that you have the option to use DOT labels, NFPA warning diamonds, or OSHA pictograms. |
| Additional pre-transportation marking requirements for containers (40 CFR 262.32(b) and (c)) | This is something new. Before the hazardous waste container is offered for transportation, the RCRA waste codes must be added to the markings on the container. |
| New large quantity generator closure requirements (40 CFR 262.17(a)(8)) | This is something new, but depending on where your business was located in California, there may already have been closure requirements from your local regulatory agency. Adoption of this rule ensures that all large quantity generators are now required to file closure documentation, which must be done utilizing EPA Form 8700-12. |
| Increased requirements for satellite accumulation areas (40 CFR 262.15(a)(3)) | There are a couple of new things here – but they are really just examples of good management practices. You have to separate incompatible waste streams, you shouldn’t put incompatible wastes in the same container, and you shouldn’t put waste in a container that previously held an incompatible material. These are sort of ‘DUH’ management practices! |
| New requirements added to the preparedness, prevention, and emergency procedures for small quantity generators and large quantity generators including: * Documenting those arrangements with local authorities were made or attempted to be made by the generator (40 CFR 262.16(b)(8)(vi) and 262.256) * A quick reference guide that summarizes a large quantity generator’s contingency plan (40 CFR 262.16(b)(8)(iv), 262.256, and 262.262(b)) | Documenting arrangements or notifications with the local authorities might be something new for you if you are a small-quantity generator. However, if you are filing an HMBP or hazmat notification through CERS, you should be addressing most of this requirement. Having said that, it is always a good idea to contact your local healthcare agency to let them know what activities your company engages in, what chemistry is used, and any special response the healthcare facility may need to be aware of. The quick reference guide for the large quantity generators is definitely new…but the DTSC has a template that can be easily filled out to satisfy this requirement. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://dtsc.ca.gov/wp-content/uploads/sites/31/2024/06/FINAL-INSTRUCTIONS-Contingency-Plan-QRG.pdf |
| Additional requirements for containers holding ignitable and reactive wastes for large quantity generators (40 CFR, 262.17(a)(1)(vi)(B)) | This is another example of good management practice that should already have been in place. Large quantity generators need to ensure that their reactive and/or ignitable waste is separated/protected from sources of ignition or reaction. For example, you should NOT store your waste ether drums next to the BBQ. |
https://dtsc.ca.gov/generator-improvements-rule
