In late 2020 (effective October 05, 2020), the Ohio EPA adopted its version of the USEPA Hazardous Waste Generator Improvements Rule. The USEPA rule was published in the Federal Register in November of 2016. Under the Resource Conservation and Recovery Act, individual states adopt their version, which must be at least as stringent as the federal rule.
This USEPA rule provided an update to the original hazardous waste generator regulations to make the rules easier to understand, increase compliance and risk communication, and provide greater flexibility to hazardous waste managers (USEPA, Final Rule: Hazardous Waste Generator Improvements | Hazardous Waste Generators | USEPA).
EnviroScience reached out to the Ohio EPA Division of Environmental Response and Revitalization and inquired about the changes to the rule. They provided us with the following list of changes and rule references:
Increased flexibility:
- Very small quantity generators (VSQGs) and SQGs can maintain their existing generator categories during an episodic event. They are limited to one planned and one unplanned event in a calendar year, and other conditions must be followed to qualify. More information is provided in Ohio Administrative Code (OAC) rules 3745-52-232 and 3745-52-233.
- VSQGs can send hazardous waste for consolidation to a large quantity generator (LQG) under the same person’s control, provided certain conditions are met. See OAC rule 3745-52-14(A)(5)(h) for more information.
New Requirements:
- The hazardous waste determination requirement was expanded to specify determinations that need to be made at the point of generation before any dilution, mixing, or alteration per OAC rule 3745-52-11(A).
- LQGs are required to submit a Quick Reference Guide (QGR) for their contingency plan per OAC rule 3745-52-262(B).
- Re-notification is required for SQGs (every four years starting September 1, 2021) and LQGs every even-numbered year per OAC rule 3745-52-18(D).
- Containers and tanks need to be labeled/marked with the words “Hazardous Waste” and indicate the hazards of the contents. Labeling/marking requirements can be found for satellite containers in OAC rule 3745-52-15(A)(5), SQGS in OAC rule 3745-52-16(B)(6), and LQGs in OAC rule 3745-52-17(A)(5). Any VSQGs who are consolidating waste at an LQG also need to follow these labeling/marking requirements per OAC rule 3745-52-14(A)(5)(h).
- SQGs and LQGs need to document arrangements or attempts to make arrangements with emergency responders per OAC rules 3745-52-16(B)(8)(f)(ii) and 3745-52-256(B).
- LQGs are required file closure notifications per OAC rule 3745-52-17(A)(8).
Reorganization:
- Generator category determinations OAC rule 3745-52-13
- VSQG requirements OAC rule 3745-52-14
- Satellite accumulation requirements OAC rule 3745-52-15
- SQG requirements OAC rule 3745-52-16
- LQG requirements OAC rule 3745-52-17
- LQG preparedness, prevention, emergency procedures, and contingency plan OAC rules 3745-52-250 through 265
If you are not located in Ohio, below is a link to a map showing the rule’s status by state.