On March 24, 2023, the California Department of Toxic Substances Control (DTSC) announced the commencement of the 45-day public comment period (ending on May 8, 2023) for a rulemaking package for the adoption of the stringent provisions of the Environmental Protection Agency’s (EPA’s) Generator Improvements Rule (GIR), published in the Federal Register in late 2016. Through this rulemaking package, DTSC is proposing to reorganize the regulations to align with the federal regulations more closely and to adopt “mandatory provisions” of the GIR to maintain the state’s authorization to implement hazardous waste regulations. The adoption of the mandatory provisions will affect all generators of hazardous waste in California, which are outlined below.
On July 5, 2023, the DTSC released and updated the California GIR proposed regulation text to incorporate public comments and to correct errors, update references to the federal hazardous waste regulations, and provide clarifications. The updates include:
- Added “very small quantity generator” criteria to the Generator Category Table in Section 66262.13.
- Revised satellite accumulation area requirements in Section 66262.15 for processes or groups of processes that produce multiple waste streams.
- Other non-substantive updates.
A summary of the stringent mandatory provisions DTSC proposes to adopt is below.
Mandatory Provisions
The DTSC has identified and proposes to adopt the following provisions of the GIR into California’s Hazardous Waste Regulations with the proposed action:
- Re-notification Requirement
- SQGs must now re-notify every four years using EPA Form 8700-12 with the option of online re-notification through RCRAInfo starting in 2023. Re-notification must be submitted by September 1 of each re-notification year.
- LQGs must now re-notify by March 1 of each even-numbered year and may include re-notification as part of the biennial report.
- Additional Labeling/Marking of Hazardous Waste to Include:
- The words “hazardous waste”;
- The composition and physical state of waste; and
- Indication of the content hazards in the waste container/tank.
- Enhanced Pre-Transportation Marking
- Generators are now required to mark their containers with the applicable EPA hazardous waste code(s) prior to offsite shipment to a Treatment, Storage, and Disposal Facility (TSDF).
- LQG Closure Regulations
- LQGs must notify EPA/DTSC using the Site ID form (EPA Form 8700-12) at least 30 days prior to closing their facility or a waste accumulation unit (e.g., tank, containment buildings, etc.) at their facility.
- LQGs must notify EPA/DTSC within 90 days after closing the facility.
- Incompatible Wastes in Satellite Accumulation Areas (SAAs)
- Incompatibles must not be placed in the same container.
- Hazardous waste must not be placed in an unwashed container that previously held an incompatible
- A container holding an incompatible must be separated from the other material by a physical barrier.
- Documentation of Contacting Local Authorities
- SQGs and LQGs are now required to document their attempt to make arrangements with local authorities (e.g., fire departments) for emergency response.
- Quick Reference Guide (QRG)
- LQGs are now required to develop a QRG with a summary of their contingency plan, which shall include the following:
- Description of hazardous waste (name/type and hazards);
- Maximum amount of each hazardous waste that may be present;
- Identification of any hazardous waste with unique or special treatment in case of exposure;
- Map of the facility showing waste locations;
- Vicinity map and evacuation routes;
- Locations of water supply (e.g., fire hydrant and its flow rates);
- Any emergency notification systems; and
- Emergency coordinator information and 24/7 emergency phone number(s).
Optional Provisions
DTSC has designated other provisions of the GIR as optional since the requirements are less stringent than the currently implemented regulations. DTSC may or may not consider adopting the following “optional provisions” of the GIR which include:
- Very small quantity generators (VSQGs) may be able to send their hazardous waste to certain LQGs.
- Provisions that allow VSQGs and SQGs to maintain their existing generator category in case of an episodic event.
- Revisions to the satellite accumulation area requirements for SQGs and LQGs
- Disposing of hazardous liquid in landfills
DTSC is considering the remainder of the optional provisions to prepare for the second regular rulemaking and will be holding a workshop to seek stakeholder feedback.
DTSC’s public comment periods are currently closed. Additional information including the proposed regulation text and initial statement of reasons may be found on the
GIR Rulemaking Page. For questions specific to your facility, please contact Trinity’s
Oakland Office or call
510.285.6351.
