Significant Changes to Federal Hazardous Waste Generator Requirements in 2016?

January 25, 2016
Rodd W. Bender and Brett E. Slensky
MGKF Special Alert - Forecast 2016

Several important federal rulemaking packages that are anticipated to dramatically alter the regulatory landscape governing the hazardous waste generator requirements could be finalized in 2016.  These proposed rules include the “Hazardous Waste Generator Improvements Rule” (80 Fed. Reg. 57918, Sept. 25, 2015), which included substantive changes to virtually every aspect of the generator program and proposed a significant reorganization of the federal regulations (a detailed discussion of this proposed rule is available here), and the “Management Standards for Hazardous Waste Pharmaceuticals” rule (80 Fed. Reg. 58014, Sept. 25, 2015), which proposed additional substantive changes to the regulatory framework governing the management and disposal of hazardous waste pharmaceuticals.  EPA received a significant amount of public comments on both proposals during the respective public comment periods, which both closed on December 24, 2015.  Based on this public interest and the ramifications for the regulated community associated with these rule proposals (most states, including Pennsylvania and New Jersey, incorporate these requirements by reference), their progression through the administrative review process will be closely followed in 2016.