Significant Changes Proposed for RCRA’s Hazardous Waste Generator Requirements

EPA Looking to Overhaul the Generator Program

November 16, 2015
Rodd W. Bender and Brett Slensky
MGKF Special Alert

The U.S. Environmental Protection Agency (“EPA”) recently proposed the “Hazardous Waste Generator Improvements Rule” (80 Fed. Reg. 57918, Sept. 25, 2015) that, if finalized, will dramatically overhaul the federal requirements under the Resource Conservation and Recovery Act (“RCRA”) related to generators of hazardous waste.  The proposed changes touch virtually every aspect of the generator program.  In addition to significantly reorganizing the regulations, the rulemaking includes, among others, provisions:

  • clarifying the generator categories,
  • dictating when and how frequently a generator needs to perform and document hazardous waste determinations,
  • authorizing Conditionally Exempt Small Quantity Generators (to be renamed Very Small Quantity Generators) to consolidate waste at Large Quantity Generator (“LQG”) facilities under the control of the same person,
  • allowing generators that temporarily exceed their monthly quantity threshold to avoid being bumped into a more stringent generator category,
  • distinguishing the enforcement implications of violating independent requirements applicable to all generator categories versus failing to satisfy conditions generators must meet to qualify for an exemption from RCRA storage permitting,
  • imposing renotification requirements for Small Quantity Generators and LQGs,
  • modifying various aspects of satellite accumulation and central accumulation area requirements, and
  • augmenting emergency planning and preparedness procedures.  

A detailed discussion of the proposed rule and its potential implications for the regulated community is available here

While some of the proposed changes may be applauded by the regulated community as sensible improvements over the existing framework, other proposed changes will introduce new regulatory burdens for generators that may be challenging and costly to implement. EPA is taking public comment on the proposed rule until December 24, 2015. 

For additional information, or if you are interested in submitting comments to EPA on the proposed rule, please contact Rodd Bender at (484) 430-2317 or, or Brett Slensky at (484) 430-2322 or