Final Rule: Hazardous Waste Generator Improvements
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Rule Summary
The EPA Administrator signed the final Hazardous Waste Generator Improvements Rule on October 28, 2016 and it was published in the Federal Register (FR) on November 28, 2016.
This rule finalizes a much-needed update to the hazardous waste generator regulations to make the rules easier to understand, facilitate better compliance, provide greater flexibility in how hazardous waste is managed and close important gaps in the regulations.
Two key provisions where EPA is finalizing flexibility are:
- Allowing a hazardous waste generator to avoid increased burden of a higher generator status when generating episodic waste provided the episodic waste is properly managed, and
- Allowing a very small quantity generator (VSQG) to send its hazardous waste to a large quantity generator under control of the same person.
In addition to finalizing key flexibilities, the rule enhances the safety of facilities, employees, and the general public by improving hazardous waste risk communication and ensuring that emergency management requirements meet today’s needs.
Further, the EPA is finalizing a number of clarifications without increasing burden, including a reorganization of the hazardous waste generator regulations so that all of the generator regulations are in one place.
Technical Corrections
On August 9, 2023, EPA corrected and clarified technical errors in approximately 50 sections of the hazardous waste regulations. With this rule, EPA fixed typographical errors, incorrect citations, and language that was unintentionally ambiguous in the Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule. EPA also identified several other provisions that needed to be corrected that are located in the same sections of the regulations.
This technical corrections rule became effective on December 7, 2023, except for eight amendments that EPA withdrew. The comment period closed on October 10, 2023, and EPA received adverse comments on eight specific amendments. To address these adverse comments, EPA published a notice of withdrawal in the Federal Register on December 6, 2023 that became effective on December 7, 2023.
The eight amendments that EPA withdrew from the direct final rule were related to: 40 CFR section 261.4(e)(1) introductory text, section 262.11(d) introductory text, section 262.11(g), section 262.16(b)(1), section 262.17(a)(8)(i), section 262.17(a)(8)(i)(A), section 262.232(b)(6)(iv), and section 266.508(a)(2)(ii).
On December 11, 2024, EPA finalized five of the withdrawn amendments to the 2016 Hazardous Waste Generator Improvements Rule and the 2019 Hazardous Waste Pharmaceuticals Rule. After evaluating the adverse comments, EPA decided to revise and finalize these amendments to correct and clarify the regulations for generators and handlers of hazardous waste. In this final rule, we respond to the relevant comments and explain what changes we made to the regulations.
On February 5, 2025, EPA delayed until March 21, 2025, the effective date of the five amendments that we finalized on December 11, 2024. Read more in the FR notice.
Rule History
The hazardous waste generator regulatory program was originally promulgated in 1980. Over the course of the last 35 years, the Agency, through experience with implementing the program, and in various meetings, correspondence, and discussions with the states and the regulated community, has become aware of the need for more clarity, consistency and flexibility.
Many of these issues were identified in a 2004 program evaluation of the hazardous waste generator program conducted by EPA. In 2013, a separate EPA program evaluation addressing hazardous waste determinations also identified a number of concerns related to generators being able to make a proper hazardous waste determination. Several of the proposed provisions were also responsive to the Notice of Data Availability (79 FR 8926, February 14, 2014) that EPA issued on the retail sector asking for comment on hazardous waste management practices in that sector and on challenges they face in complying with Resource Conservation and Recovery Act (RCRA).
After consolidating the feedback from the regulated community, states and other stakeholders, EPA developed a proposal to improve the entire hazardous waste generator program to strengthen environmental protection while ensuring businesses have the flexibility and certainty they need to successfully operate. The proposed rule was published in the Federal Register (FR) on September 25, 2015 (80 FR 57918).
Additional Resources
- Frequent questions about implementing the final rule
- Fact sheet about the final rule
- Frequent questions about the final rule
- Where is the final rule in effect?
- Generator Improvements Rule citation changes
Trainings
In Depth, Three Part Workshop
The following links exit the site Click the "View Archive" button on the following pages to access the recording of each Workshop part:
- Recording of Part 1, which covers the goals and background of the rule, hazardous waste determinations, counting, mixing, and marking and labeling.
- Recording of Part 2, which covers episodic generation, consolidation of VSQG waste and closure for large quantity generators.
- Recording of Part 3, which covers satellite accumulation areas, emergency planning and preparedness, reporting and recordkeeping, and state adoption.
Overview of the Final Rule
- Recording of the November 30, 2016 webinar about this rule
- Slides for the November 30, 2016 webinar
- Slides for the January 9, 2017 webinar