DTSC’s Generator Improvements Rule (GIR) rulemaking, that includes mandatory GIR provisions, was recently approved by Office of Administrative Law (OAL) and will be effective starting July 1, 2024.

• DTSC Reference Number: R-2023-08R
• OAL Reference Number: 2023-0314-03
• Regulatory Action Number: 2024-0322-01S

By July 1, 2024, each large quantity generator will be required to submit a Quick Reference Guide along with the contingency plan to the local emergency responders either when the contingency plan is amended or when the generator first becomes subject to large quantity generator requirements. The Quick Reference Guide template and instructions are provided to assist large quantity generators with compliance with the new requirements.

• Instructions
• Template
• Extra Pages

Please be sure to check the website for more information as DTSC continues to update this website.

Please visit the following Final Regulations webpage for the final regulation rulemaking information.

DTSC encourages all interested parties to subscribe to the GIR E-List to receive updates and information regarding the adoption of the Generator Improvements Rule in California.

Introduction

On May 30, 2017, the United States Environmental Protection Agency’s (U.S. EPA’s) Hazardous Waste Generator Improvement Rule (GIR) went into effect. However, because California is an authorized state the GIR does not take effect in California until DTSC adopts the rule, or parts thereof, via the rulemaking process.

To summarize, the GIR does the following:

1. Re-organizes and consolidates generator regulations
2. Provides greater flexibility to generators
3. Strengthens environmental protections by identifying regulatory gaps
4. Clarifies certain aspects of the generator program

More information about the GIR can be found on the Final Rule: Hazardous Waste Generator Improvements web page. The Federal Register where the GIR was published contains detailed information regarding US EPA’s rationale for adopting the various provisions of the GIR. The Federal Register on the GIR may also be accessed by clicking on the “US EPA Federal Register on GIR” link under the “Hazardous Waste Related Links” on the right side of this web page.

DTSC is adopting portions of the GIR in two rulemaking packages. To accomplish this, DTSC is doing the following:

1. Conduct a regular rulemaking that:
   • Adopt regulations from the GIR that are more stringent than California’s hazardous waste generator regulations.
   • Re-organize California’s hazardous waste generator regulations to align with the federal re-organization.
   • Add new definitions and modify an existing one.
   • Restructure the language in California’s requirements to conform with federal language while maintaining compliance with existing state requirements that are more stringent.
2. Establish a work group to evaluate requirements in the GIR that provide flexibility to California’s hazardous waste generator regulations.
3. Conduct a separate regular rulemaking to adopt selected provisions from the GIR that provide flexibility for generators.

Mandatory Provisions and Reorganization

Of the changes that US EPA included in the GIR, DTSC is required to adopt provisions of the rule that are identified as more stringent than California’s current hazardous waste regulations. These provisions are considered mandatory because DTSC must adopt them to maintain authorization to administer California’s hazardous waste program in lieu of the federal program pursuant to the Resource Conservation and Recovery Act (RCRA).

The following provisions are mandatory provisions that were adopted in the first regular rulemaking package:

• A re-notification requirement for small quantity generators and large quantity generators (40 CFR 262.18(d))
• 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))
• Additional pre-transportation marking requirements for containers (40 CFR 262.32(b) and (c))
• New large quantity generator closure requirements (40 CFR 262.17(a)(8))
• Increased requirements for satellite accumulation areas (40 CFR 262.15(a)(3))
• 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))
• Additional requirements for containers holding ignitable and reactive wastes for large quantity generators (40 CFR, 262.17(a)(1)(vi)(B))

DTSC also reorganized California’s hazardous waste generator regulations via the first rulemaking process to align them with the federal re-organization. DTSC believes such changes will improve the overall clarity of the hazardous waste generator regulations and will ensure that the mandatory provisions can be easily integrated into California’s existing hazardous waste generator regulations.

These organizational changes include the following:

• Moving the satellite accumulation area regulations from 22 CCR 66262.34(e) to a new section 66262.15
• Moving the small quantity generator regulations from 22 CCR 66262.34(d) to a new section 66262.16
• Moving the large quantity generator regulations from 22 CCR 66262.34 to a new section 66262.17
• Moving preparedness and prevention requirements and contingency and emergency procedures, from 22 CCR, Division 4.5, Chapter 15, articles 3 and 4, to the new article 9 in 22 CCR Division 4.5, Chapter 12 entitled Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators.

Optional Provisions

DTSC may also adopt other provisions of the GIR identified as either providing greater flexibility for generators or equivalent to California’s existing regulations. These provisions are considered optional because they are less stringent than California’s existing hazardous waste program.

The following are provisions that have been identified by DTSC as optional provisions.

Optional provisions that are being considered for adoption in a second regular rulemaking package include:

• New requirements allowing very small quantity generators to voluntarily send their hazardous waste to certain large quantity generators (40 CFR 262.14(a)(5)(vii) and 262.17(f))
• Special requirements for accumulating ignitable/reactive wastes for large quantity generators (40 CFR 262.17(a)(1)(vi))
• New requirements for generators that temporarily change generator category as a result of an episodic event (40 CFR 262 subpart L)
• The addition of language to hazardous waste determination criteria to improve program efficiency (40 CFR 262.11)
• Distinguishing between independent requirements and conditions for exemption (40 CFR 262.10(a) and (g))
• Revisions to the satellite accumulation area requirements for small quantity generators and large quantity generators (40 CFR 262.15)
• Relocate conditions for exemption for very small quantity generators from 40 CFR section 261.5 to 40 CFR section 262.14 (new conditions for exemption for very small quantity generators section)

Next Steps

DTSC is selecting the remainder of the optional provisions to prepare for the second regular rulemaking and will be holding a workshop to seek stakeholder feedback. To ensure that you receive updates and notifications of any future activities pertaining to either of these rulemaking packages, including any public outreach, please subscribe to the GIR E-List.

Still Have Questions?

If you have additional questions about the Generator Improvements Rule or DTSC’s regulation adoption activities, please email gir@dtsc.ca.gov.

DTSC’s Generator Improvements Rule (GIR) rulemaking, that includes mandatory GIR provisions, was recently approved by Office of Administrative Law (OAL) and will be effective starting July 1, 2024.

DTSC Reference Number: R-2023-08R

OAL Reference Number: 2023-0314-03

Regulatory Action Number: 2024-0322-01S

Please be sure to check the website for more information as DTSC continues to update this website.

Please visit the following Final Regulations webpage for the final regulation rulemaking information.

DTSC encourages all interested parties to subscribe to the GIR E-List to receive updates and information regarding the adoption of the Generator Improvements Rule in California.

Introduction

On May 30, 2017, the United States Environmental Protection Agency’s (U.S. EPA’s) Hazardous Waste Generator Improvement Rule (GIR) went into effect. However, because California is an authorized state the GIR does not take effect in California until DTSC adopts the rule, or parts thereof, via the rulemaking process.

To summarize, the GIR does the following:

1. Re-organizes and consolidates generator regulations
2. Provides greater flexibility to generators
3. Strengthens environmental protections by identifying regulatory gaps
4. Clarifies certain aspects of the generator program

More information about the GIR can be found on the Final Rule: Hazardous Waste Generator Improvements web page. The Federal Register where the GIR was published contains detailed information regarding US EPA’s rationale for adopting the various provisions of the GIR. The Federal Register on the GIR may also be accessed by clicking on the “US EPA Federal Register on GIR” link under the “Hazardous Waste Related Links” on the right side of this web page.

DTSC is adopting portions of the GIR in two rulemaking packages. To accomplish this, DTSC is doing the following:

1. Conduct a regular rulemaking that:
   • Adopt regulations from the GIR that are more stringent than California’s hazardous waste generator regulations.
   • Re-organize California’s hazardous waste generator regulations to align with the federal re-organization.
   • Add new definitions and modify an existing one.
   • Restructure the language in California’s requirements to conform with federal language while maintaining compliance with existing state requirements that are more stringent.
2. Establish a work group to evaluate requirements in the GIR that provide flexibility to California’s hazardous waste generator regulations.
3. Conduct a separate regular rulemaking to adopt selected provisions from the GIR that provide flexibility for generators.

Mandatory Provisions and Reorganization

Of the changes that US EPA included in the GIR, DTSC is required to adopt provisions of the rule that are identified as more stringent than California’s current hazardous waste regulations. These provisions are considered mandatory because DTSC must adopt them to maintain authorization to administer California’s hazardous waste program in lieu of the federal program pursuant to the Resource Conservation and Recovery Act (RCRA).

The following provisions are mandatory provisions that were adopted in the first regular rulemaking package:

• A re-notification requirement for small quantity generators and large quantity generators (40 CFR 262.18(d))
• 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))
• Additional pre-transportation marking requirements for containers (40 CFR 262.32(b) and (c))
• New large quantity generator closure requirements (40 CFR 262.17(a)(8))
• Increased requirements for satellite accumulation areas (40 CFR 262.15(a)(3))
• 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))
• Additional requirements for containers holding ignitable and reactive wastes for large quantity generators (40 CFR, 262.17(a)(1)(vi)(B))

DTSC also reorganized California’s hazardous waste generator regulations via the first rulemaking process to align them with the federal re-organization. DTSC believes such changes will improve the overall clarity of the hazardous waste generator regulations and will ensure that the mandatory provisions can be easily integrated into California’s existing hazardous waste generator regulations.

These organizational changes include the following:

• Moving the satellite accumulation area regulations from 22 CCR 66262.34(e) to a new section 66262.15
• Moving the small quantity generator regulations from 22 CCR 66262.34(d) to a new section 66262.16
• Moving the large quantity generator regulations from 22 CCR 66262.34 to a new section 66262.17
• Moving preparedness and prevention requirements and contingency and emergency procedures, from 22 CCR, Division 4.5, Chapter 15, articles 3 and 4, to the new article 9 in 22 CCR Division 4.5, Chapter 12 entitled Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators.

Optional Provisions

DTSC may also adopt other provisions of the GIR identified as either providing greater flexibility for generators or equivalent to California’s existing regulations. These provisions are considered optional because they are less stringent than California’s existing hazardous waste program.

The following are provisions that have been identified by DTSC as optional provisions.

Optional provisions that are being considered for adoption in a second regular rulemaking package include:

• New requirements allowing very small quantity generators to voluntarily send their hazardous waste to certain large quantity generators (40 CFR 262.14(a)(5)(vii) and 262.17(f))
• Special requirements for accumulating ignitable/reactive wastes for large quantity generators (40 CFR 262.17(a)(1)(vi))
• New requirements for generators that temporarily change generator category as a result of an episodic event (40 CFR 262 subpart L)
• The addition of language to hazardous waste determination criteria to improve program efficiency (40 CFR 262.11)
• Distinguishing between independent requirements and conditions for exemption (40 CFR 262.10(a) and (g))
• Revisions to the satellite accumulation area requirements for small quantity generators and large quantity generators (40 CFR 262.15)
• Relocate conditions for exemption for very small quantity generators from 40 CFR section 261.5 to 40 CFR section 262.14 (new conditions for exemption for very small quantity generators section)

Next Steps

DTSC is selecting the remainder of the optional provisions to prepare for the second regular rulemaking and will be holding a workshop to seek stakeholder feedback. To ensure that you receive updates and notifications of any future activities pertaining to either of these rulemaking packages, including any public outreach, please subscribe to the GIR E-List.

Still Have Questions?

If you have additional questions about the Generator Improvements Rule or DTSC’s regulation adoption activities, please email gir@dtsc.ca.gov.