The new Generator Improvement Rule (GIR) was finalized by the Environmental Protection Agency back in 2016, so why are we discussing this now? Simple, the rule created (mostly) tougher standards for any states following the federal hazardous waste generator program. However, California was one of the states that already had its own program, administered through Cal/EPA’s Department of Toxic Substance Control (DTSC). By most measures, California’s plan was already pretty tough.
So, what has changed?
California was given a period of time to make changes to their existing program to comply with the new federal mandates. There are mandatory provisions to the federal program, and there are optional provisions. California’s plan already met most of the mandatory provisions, but some adjustments were required to better align it with the federal program. DTSC finally adopted a plan for California that went into effect July 1st, 2024, without much fanfare.
OK, but what changed?
To summarize, EPA’s GIR does the following:
- Re-organizes and consolidates generator regulations.
- Provides greater flexibility to generators.
- Strengthens environmental protections by identifying regulatory gaps.
- Clarifies certain aspects of the generator program.
What impact will this have on your business?
As mentioned, California already had a robust state program and DTSC chose not to adopt all the optional provisions of the federal program, so as our clients conduct research online, they must be careful to narrow searches to California-specific requirements only.
For instance, DTSC finally adopted the federal longstanding definition of a Very Small Quantity Generator (VSQG), but did not adopt all of the federal privileges that VSQGs in other states maintain. Some other definitions were adopted, dropped, or otherwise modified.
There are also new requirements for labeling, storing and transporting hazardous waste. Additionally, there are new mandates for reporting to local CUPAs, and special requirements for those Large Quantity Generator facilities that are closing.
Understanding where your company now lies within the framework of this newly adopted program should be prioritized.
CDMS’s Role:
CDMS continues to provide and update training and plan development to our California clients. For those who have contracted our Hazardous Waste Management training, the new GIR requirements will be reflected during the annual refresher training. Please reach out to service@cdms.com to schedule an evaluation if you think your facility may be subject to the GIR requirements.
