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EPA Issues Final Rule on Hazardous Waste Generator Improvements
Friday, November 18, 2016

On October 28, 2016, the EPA Administrator signed the final Hazardous Waste Generator Improvements Rule, which will be published in the Federal Register in the coming weeks. Final Rule: Hazardous Waste Generator Improvements, here. The rule updates the hazardous waste generator requirements to make them "easier to understand, facilitate better compliance, provide greater flexibility in how hazardous waste is managed, and close important gaps in the regulations." Id. Two key provisions of the rule provide flexibility for generators: (1) 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 (2) allowing a very small quantity generator, or "VSQG," formerly known as a conditionally-exempt small quantity generator or "CESQG," to send its hazardous waste to a large quantity generator under the control of the same person. Id.

The rule also enhances the safety of facilities’ employees and the general public by improving hazardous waste risk communication and ensuring that emergency management requirements are up to date. Finally, EPA is reorganizing and consolidating the hazardous waste generator rules so that the requirements for each generator category (i.e., large quantity generator, or "LQG," small quantity generator or, "SQG," and VSQG) are in separate rule sections (§ 262.14 for VSQGs, § 262.16 for SQGs, and § 262.17 for LQGs). Id.

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