The conditions for exemption are rules that generators are subject to in lieu of obtaining a hazardous waste permit.

The new GIR definitions are:

• Very Small Quantity Generator (VSQG): DTSC adopted the federal term for Very Small Quantity Generator (VSQG), which is formerly known as Conditionally Exempt Small Quantity Generator.California’s hazardous waste program does not include conditions for exemption for VSQGs that the federal program specifies. However, there are regulatory and statutory provisions in California that apply to generators that generate VSQG quantities of hazardous waste.
• Central Accumulation Area (CAA): This definition describes areas previously referred to as “90-day” or “180-day” waste accumulation areas depending on the generator category. These areas are now formally defined as CAAs, aligning with the federal terminology.
• Non-acute hazardous waste: This definition specifies that hazardous wastes that are not acute hazardous waste or extremely hazardous waste are non-acute hazardous waste. This was done to aid with determining generator status.
• Large quantity generator (LQG): This definition was previously commonly understood but now defined in the state hazardous waste regulations. There are also new requirements for LQGs with the GIR implementation including new federal Identification number re-notification requirements, new labeling and marking requirements, new pre-transportation requirements, new closure requirements, and additional requirements for incompatible waste storage. These requirements are discussed in more detail below.

The definitions above were commonly and historically used when discussing existing regulations and standards. However, they were not previously defined in the state hazardous waste regulations.

The following existing definitions were modified:

• Small Quantity Generator (SQG): This definition was amended to specify that a small quantity generator is a generator that generates less than 1,000 kg of non-acute hazardous waste, less than or equal to 1 kg of acute hazardous waste, and less than or equal to 1 kg of extremely hazardous waste (HW) in a calendar month. This new definition specifies the types of hazardous waste being counted (acute or non-acute) to help in determining applicable regulatory standards.
• Acutely hazardous waste or Acute hazardous waste: This definition was amended to specify that acutely hazardous waste or acute hazardous waste are hazardous wastes that meet the federal listing criteria and are either listed in 22 CCR section 66261.31 with the assigned hazard code of (H) or in 22 CCR section 66261.33(e).

A Central Accumulation Area is any on-site 90-day or 180-day hazardous waste accumulation area where hazardous waste is stored in units subject to regulations for either SQGs under 22 CCR section 66262.16 or LQGs under section 66262.17.

The generator must count the total quantity of all hazardous wastes generated and categorize the total quantity of each type of hazardous waste generated in a calendar month. This includes acute hazardous waste, non-acute hazardous waste, and extremely hazardous waste. The generator must not count any waste that is exempt from the hazardous waste counting requirements . The generator then determines whether it is either a large quantity generator or a small quantity generator based on the total amount of hazardous waste they generate in a calendar month.

California’s VSQGs must follow the SQG rules. However, the program does include certain statutory and regulatory provisions for those that generate VSQG quantities of hazardous waste, such as ability to utilize household hazardous waste facilities for disposal.

No. There is no requirement to document this decision.

Yes, a generator’s category is based on the amount of hazardous waste they generated each calendar month and can change on a month-to-month basis.

According to U.S. EPA the purpose of the re-notification requirement is to improve the SQG universe data and to maintain more accurate data into the future for outreach, compliance assistance and oversight activities.

No, re-notification requirements don’t apply to generators that only generate non-RCRA hazardous waste.

Re-notification requirements only apply to RCRA hazardous waste generators. For example, an automotive repair facility that generates only used oil, waste antifreeze and non-listed-solvent parts wash solutions (along with core exchanged batteries and laundered rags) is not required to re-notify, because these wastes are non-RCRA (California only) hazardous waste.

Re-notifications must be submitted as follows:

• LQGs of RCRA hazardous waste must re-notify DTSC by March 1 of each even-numbered year starting in 2026 using U.S. EPA form 8700-12. LQGs can submit the U.S. EPA form 8700-12 re-notification as part of their Biennial Report (i.e. U.S. EPA Form 8700 13A/B) submission.
• SQGs of RCRA hazardous waste must re-notify DTSC every four years starting 2024, using U.S. EPA form 8700-12. Re-notification for SQGs is due by September 1 of each year in which re-notification is required.

Generators may use U.S EPA’s RCRAInfo system to electronically submit re-notifications to DTSC.

If you have questions about the RCRAInfo system, contact myRCRAid@dtsc.ca.gov.

The requirement for generators to annually verify their hazardous waste information using the eVQ system and the requirement for generators to re-notify DTSC are two separate requirements. Per Health & Safety Code section 25205.16, entities (including LQGs and SQGs) that have been issued a U.S. EPA Identification (ID) Number are required to annually verify the accuracy of the hazardous waste information associated with the ID number using the eVQ system. Additionally, LQGs and SQGs are required to submit a re-notification to DTSC using U.S. EPA form 8700-12 by the applicable due date.

Small Quantity Generator (SQG) re-notification requirements apply to California generators that produce federal SQG quantities of RCRA hazardous waste. This means that if a generator produces > 100 kg and < 1,000 kg of non-acute RCRA hazardous waste and ≤ 1 kg of acute RCRA hazardous waste in a calendar month, they must submit a re-notification using EPA Form 8700-12 by September 1 of each year in which re-notification is required.

However, if a generator holds a California ID number because they handle non-RCRA hazardous waste and only generate federal VSQG quantities of RCRA hazardous waste, re-notification is not required.

For re-notification purposes, only the quantity of RCRA hazardous waste is considered. While a generator may be classified as an LQG in California based on the total quantity of RCRA and non-RCRA hazardous waste generated, LQG re-notification requirements apply solely based on the amount of RCRA waste generated. If a generator generates < 1,000 kg of RCRA non-acute hazardous waste or < 1 kg of RCRA acute hazardous waste in a calendar month, then the generator is not subject to LQG re-notification requirements, but may be required to re-notify as an SQG despite holding LQG status for state regulatory purposes.

The time window for SQGs to re-notify depends on when an SQG last submitted a U.S. EPA form 8700-12. SQGs may submit the re-notification form at any time during the four years leading up to the deadline, as long as the information remains accurate. For example, if an SQG submitted the re-notification on August 31, 2024, the following re-notification can be submitted anytime within the next four years until the next due date of September 1, 2028.

There are three new tank labeling and marking requirements located in the CCR sections 66262.16 (b)(4)(B) and 66262.17 (a)(5)(B):

1. Generators must mark or label their tanks with an indication of the hazards of the contents (i.e. the applicable hazardous waste characteristic(s) or hazard communication consistent with the Department of Transportation regulations, Occupational Safety and Health Administration hazard communication standards, or chemical hazard labels consistent with the National Fire Protection Association).
2. Generators must use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within the applicable time period (i.e., either 90 days for LQGs or 180 days for SQGs) of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within the applicable time period (i.e. either 90 days for LQGs or 180 days for SQGs) of first entering.
3. Generators must keep inventory logs or records on site and readily available for inspection.

Yes, there is a slight difference. The GIR restructured the language of the existing container labeling requirements and added the ability to use acceptable hazard indicators (DOT, OSHA, NFPA, etc.), so that the requirement is more easily understood (66262.16 (b)(4)(A) and 66262.17 (a)(5)(A)).

The following are examples of a DOT acceptable indicator (1), OSHA haz-com indicators (2) and NFPA indicators (3).

Generators must retain inventory logs or records for hazardous waste tanks for at least three years from the date the waste is first accumulated.

Generators can use inventory logs, monitoring equipment, or shipping papers such as manifests or consolidated manifest receipts to demonstrate the hazardous waste was emptied from the tank within the applicable time period (i.e., 90 days for LQGs or 180 days for SQGs). The documents must clearly indicate that the waste exited the tank within the specified period to meet accumulation time requirements.

LQGs must take precautions to prevent accidental ignition or reaction. The waste should be separated from any sources of ignition such as flames, heat, sparks etc. When handing ignitable or reactive waste, LQGs must confine smoking and open flames to specific areas, and “No Smoking” signs must be placed near ignitable/reactive waste.

Prior to transporting hazardous waste or offering hazardous waste for transportation off-site, generators must mark their containers with the applicable EPA hazardous waste number(s)

All LQGs accumulating hazardous wastes in containers must meet one of the following closure conditions:

1. Place a notice in the operating record within 30 days after the closure of the container accumulation area within the facility; or
2. Meet the closure performance standards as summarized below:
   1. The generator must minimize the need for further maintenance to protect human health and the environment.
   2. Remove or decontaminate all contaminated equipment, structures, soil and hazardous waste residues.
   3. Any hazardous waste generated during closure must be managed properly within 90 days of generation.
   4. If contaminated soil cannot be removed or decontaminated, the waste accumulation unit is to be considered a landfill and the generator must perform post-closure care that applies to landfills.
3. Follow the facility closure notification procedures.

LQGs that generate RCRA hazardous waste must notify DTSC using U.S. EPA form 8700-12:

1. No later than 30 days before facility closure.
2. Within 90 days after facility closure noting that closure performance standards have been complied with. If closure performance standards cannot be met, then DTSC must be notified using U.S. EPA form 8700-12 that the facility will close as a landfill.
3. Within 75 days after the date provided in the first closure notification (no later than 30 days before facility closure), when additional time is requested to clean close the facility.

EPA form 8700-12 shall be completed electronically from the U.S. EPA’s RCRAInfo webpage.

Yes, container closure requirements apply to generators of RCRA and/or non-RCRA hazardous wastes.

No, facility closure notification requirements only apply to LQGs of RCRA hazardous waste.

DTSC is working with its information technology to provide closure notification information to Unified Program Agencies through the Hazardous Waste Tracking System (HWTS) and other means. Future updates on this subject will be provided.

The requirements for handling incompatible wastes in satellite accumulation areas now match those longstanding rules for handling incompatible wastes in other/central accumulation areas (CAA).

1. Incompatible wastes or materials must not be placed in the same container in the SAA.
2. Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material.
3. Containers holding hazardous waste that is incompatible with nearby wastes or materials must be separated from those materials or protected by barriers (EX: dike, berm, wall, or another device.)

In SAA, incompatible waste must not be placed in the same or unwashed containers. Containers holding incompatible wastes must be separated or managed to prevent reactions.

Also, Preparedness, Prevention, and Emergency Procedures requirements now apply to all SAA.

• For SQGs, Preparedness and Prevention requirements are specified in 22 CCR section 66262.16(b)(6) and Emergency Procedures conditions are specified in 22 CCR section 66262.16(b)(7).
• For LQGs, Preparedness, Prevention, and Emergency Procedures requirements are specified in Article 9 of chapter 12 of 22 CCR.

Generators need to assess the types and quantities of hazardous waste that they generate and attempt to make arrangements with the local authorities that would provide emergency services (one or more) depending on their assessment. These local authorities include the fire department, police department, other emergency response teams, emergency response contractors, equipment suppliers, and hospitals. This must include documentation in the operating record that either confirm such arrangements actively exist or, in cases where no arrangements exist, confirm that attempts to make such arrangements were made.

Submission of the Hazardous Materials Business Plan (HMBP) in the California Environmental Reporting System (CERS) may satisfy the requirement for making arrangements with local authorities if local emergency responders who require access to the facility’s information an emergency can access CERS. In such cases, referencing the HMBP emergency response and contingency plan within CERS would be sufficient to meet this requirement. However, it is the generator’s responsibility to ensure that local emergency responders are aware that such facility information exists in the generator’s HMBP in CERS and that emergency responders have the necessary access to the information in CERS.

There is no specific format on how arrangements with local authorities should be documented. However, the arrangements must be documented in the generators’ operating record. If the state or local authorities decline to enter these arrangements, that must also be documented in the generators’ operating record.

The operating record for generators refers to a set of records kept at the generators’ facility to verify compliance. Owners and operators of treatment, storage, and disposal facilities (TSDFs) must maintain a distinct operating record with specific requirements. However, generators are not required to maintain the same operating record as that of TSDF owners and operators.

No, QRG requirements only apply to LQGs.

The Quick Reference Guide needs to be developed and submitted to the local emergency responder at the time the facility’s contingency plan is amended or anytime a facility first becomes subject to regulation as a LQG after July 1, 2024.

No, Emergency Response Contingency Plan does not satisfy QRG requirements. QRGs need to be submitted to all local emergency responders. Additionally, QRGs must be made available to the Local Emergency Planning Committee as appropriate.

Submission of the HMBP emergency response plan in CERS will not satisfy this requirement.

Posting QRG to CERS as part of the “Emergency Response/Contingency Plan” element is sufficient to meet the submission requirements as long as the local emergency responders who need access to the QRG during an emergency have access to the CERS system. This ensures that critical emergency response information is readily available to those who may need it in the event of a hazardous materials incident.

However, if local emergency responders do not have direct access to CERS or prefer a physical copy, it is the responsibility of the generator to ensure that they receive the QRG through an alternative method. In addition, a copy of the QRG must be kept at the LQG facility for easy access during emergencies, as required by the regulations.

QRGs must contain the following information:

1. The types/names of hazardous wastes and the hazard associated with each waste present;
2. The estimated maximum amount of each hazardous waste present at any one time;
3. The identification of any hazardous waste where exposure would require special treatment;
4. A map of the facility showing where hazardous waste is generated, accumulated, and treated as well as routes to access those wastes;
5. A street map of the facility in relation to surrounding businesses, schools etc. To understand how to best get to the facility and to evacuate citizens/workers;
6. The locations of water supply such as fire hydrant, along with its flow rate;
7. The identification of onsite notification systems such as fire alarms that alert offsite, smoke alarms etc.; and,
8. The name of emergency coordinators and a 7/24-hour emergency telephone number, or the telephone number for the emergency coordinator if there is one always working and available.

Yes, there will be a template for QRG and instructions for it available on both the DTSC website and CERS.