Generator Improvements Rule: New Compliance Requirements for Hazardous Waste Facilities in California

*The information presented in this article is based on the Generator Improvements Rule requirements as of November 25, 2024. Please verify current guidelines and regulations independently.

California’s Department of Toxic Substance Control (DTSC) has finalized updates to Title 22 of the California Code of Regulations (CCR), known as the Generator Improvements Rule (GIR). Effective July 1, 2024, this rule aligns state regulations with designated ‘mandatory’ elements of the federal standards in Title 40 of the Code of Federal Regulations (CFR). The GIR establishes several new requirements for hazardous waste generators, both small quantity generators (SQGs) and large quantity generators (LQGs).

Businesses Who Are Impacted

The GIR applies to a wide range of California industries that generate hazardous waste. These include sectors like aerospace, automotive, chemical manufacturing, electronics, food processing, energy production, hospitals, and recycling.

New Requirement – Quick Reference Guide

Under GIR, LQGs – those generating over 1 kg of acute hazardous waste or at least 1,000 kg of non-acute hazardous waste in a month – must prepare a Quick Reference Guide (QRG), which summarizes the facility’s existing Hazardous Waste Contingency Plan. This QRG must be submitted to local emergency authorities to ensure they have the information needed to respond effectively during an emergency.

This requirement comes into effect either when the facility updates its contingency plan or when it newly qualifies as an LQG. Notably, submitting the required Business Emergency Plan/Contingency Plan via the California Environmental Reporting System (CERS) does not fulfill this obligation; the QRG must also be developed. However, DTSC has stated that the requirement to provide the QRG to the local Emergency Planning Committee can be satisfied by uploading the document to CERS.

The QRGs must include:

Once a QRG is created, it will streamline emergency responses by providing responders with all essential information at a glance.

Arrangements with Local Authorities & Emergency Responders

QGs and SQGs must now maintain records that show arrangements, or attempts to make arrangements, with six local authorities: police, fire departments, emergency response teams, contractors, equipment suppliers, and hospitals. Such arrangements ensure local emergency responders are equipped and informed to handle hazardous waste emergencies. Facilities must document either the existence of these arrangements or attempts to establish them.

Other GIR Changes

The GIR brings additional updates to California’s hazardous waste regulations. It establishes new waste generator renotification requirements, with LQGs renotifying every 2 years (beginning in 2024) and SQGs every 4 years. There are also modified requirements for satellite accumulation and container labeling, as well as some new definitions and clarifications on generator status. In addition, the GIR sets out new notification and closure requirements for central accumulation areas at LQG facilities.

Furthermore, it’s important to note that these changes were made in the context of a significant reorganization of Title 22’s waste generator requirements. By bringing previously scattered SQG and LQG requirements into single sections of the regulations (66262.16 and 66262.17, respectively), this reorganization should enhance the clarity of, and compliance with, the current and new standards.

Preparing for Compliance

With the July 2024 deadline past, hazardous waste generators must ensure they are fully compliant with the new regulations. Facilities must create the required QRGs, proactively engage local authorities to establish necessary arrangements, and potentially take other actions in specific circumstances.