The Generator Improvements Rule (GIR) provisions submitted by the California Department of Toxic Substances Control (DTSC) has been approved by the Office of Administrative Law (OAL) in May 2024 and take effect on July 1st, 2024. The new provisions may require immediate actions from California hazardous waste generators.
The
updated California regulations adopted “mandatory requirements” as part of Phase 1 of DTSC’s GIR-related rulemaking. California must adopt these mandatory requirements to maintain its authorized program, as there are current Federal provisions which are more stringent or broader in scope. Other GIR-related amendments to the California regulations include adding or modifying definitions and reorganizing the order of the regulations to more closely align with the federal rules. DTSC’s Phase 2 rulemaking is projected to begin in 2025 for selected optional provisions, which may provide more flexibility for generators.
What are the new requirements upon the effective date of the GIR?
Trinity highlights the following new requirements in the adopted GIR:
1. New Definitions
a. Definitions for central accumulation area (CAA), very small quantity generator, large quantity generator, and non-acute hazardous waste were added.
b. “Very small quantity generator” criteria are also added to the Generator Category Table in Section 66262.13.
2. Re-notification Requirement
a. RCRA SQGs shall re-notify every four years using EPA Form 8700-12 starting in 2024. Re-notification must be submitted by September 1 of each re-notification year.
b. RCRA LQGs must now re-notify by March 1 of each even numbered year and may include re-notification as part of the biennial report.
3. Additional Labeling/Marking of Hazardous Waste
a. Tanks/waste containers need indication of the hazard contents.
b. Use and keep inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within the applicable accumulation time.
c. LQGs must place “No Smoking” signs wherever there is a hazard from ignitable or reactive waste.
4. Enhanced Pre-Transportation Marking
a. 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).
5. LQG Closure Regulations
a. 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.
b. LQGs must notify EPA/DTSC within 90 days after closing the facility.
6. Incompatible Wastes in Satellite Accumulation Areas (SAAs)
a. Incompatibles must not be placed in the same container.
b. Hazardous waste must not be placed in unwashed container that previously held an incompatible
c. A container holding an incompatible must be separated from the other material by a physical barrier.
7. Documentation of Contacting Local Authorities
a. SQGs and LQGs are now required to document their attempt to make arrangements with local authorities (e.g., fire departments) for emergency response.
8.Quick Reference Guide (QRG)
a. New LQGs must develop a QRG that summarizes their contingency plan for emergency responders. The contingency plan and QRG must be submitted to all local emergency responders (i.e., police, fire department, hospitals, etc.)
b. Existing LQGs must develop a QRG when amending their contingency plan. The contingency plan and QRG must be submitted to all local emergency responders (i.e., police, fire department, hospitals, etc.)
c. The elements of the QRG are aligned with the Federal RCRA GIR, Trinity had developed an article focusing on the content of QRG.
Additional information including the final regulation text and approval memo may be found on
the GIR Rulemaking Page. For questions specific to your facility, please email
Stephen Cao in Trinity’s Oakland Office or call
510.285.6351.
