Numerous updates to California’s hazardous waste regulations came into effect in July 2024. The goal was to incorporate certain provisions of the U.S. Environmental Protection Agency (EPA) Generator Improvements Rule (GIR) and to reorganize some key sections of the regulations. Before we approach the one-year mark for these updates, now is a good time to verify your company’s compliance with any applicable changes.
As an authorized state, the California Department of Toxic Substances Control (DTSC) is required by the EPA to enforce waste generation, transportation, treatment, storage, and disposal regulations that are at least as stringent as the federal Resource Conservation and Recovery Act (RCRA) hazardous waste regulations.
The EPA GIR went into effect on May 30, 2017, and it made RCRA easier to understand and comply with. In 2024, the DTSC adopted some aspects of the GIR that were more stringent than California’s hazardous waste regulations to maintain its status as an authorized state.
The list below includes major changes that were among the 2024 updates.
- The adoption of new definitions to broaden the recognized generator classifications and help clarify the types of hazardous waste:
- Very Small Quantity Generator (VSQG) – applies to businesses that generate less than or equal to 100 kg of non-acute hazardous waste and less than or equal to 1 kg of acute hazardous waste. This definition is in line with RCRA, which previously referred to this category as Conditionally Exempt Small Quantity Generator (CESQG). However, California has not adopted conditions for exemption for VSQGs, meaning VSQGs must comply with regulations applicable to Small Quantity Generators (SQG).
- Non-acute hazardous waste – hazardous waste that is neither acute hazardous waste nor extremely hazardous waste. This term is being used to help define accumulation limits for waste generators.
- Definitions for terms that had been commonly used by the DTSC were formalized in the regulations, including Central Accumulation Area (CAA) and Large Quantity Generator (LQG).
- LQGs are now required to submit a Quick Reference Guide to local emergency responders in addition to a Contingency Plan. As its name suggests, the Quick Reference Guide is a much shorter document that will enable first responders to determine the safest approach based on the specific hazards present in the facility. The required elements of the Quick Reference Guide are listed in 22 CCR § 66262.262(b).
- Generators who store their hazardous waste in tanks must now label the tank with the hazards of its contents and maintain records of when a tank is emptied for disposal to demonstrate compliance with the accumulation time limit (90 days for LQGs, 180 days for SQGs).
- The acceptable methods for stating hazards on a waste label now include DOT labels, OSHA GHS pictograms, and the NFPA diamond, in addition to the previously acceptable designations of hazardous waste characteristics (e.g., ignitable, corrosive, reactive, and toxic).
- The safe handling of incompatible hazards has also been improved. The update includes, but is not limited to, prohibiting incompatible waste from being in the same container in a Satellite Accumulation Area (SAA) and requiring LQGs to separate their ignitable/flammable waste from sources of flames, heat, or sparks.
This list is not inclusive of all the changes that were made, and a decision has yet to be finalized on optional provisions the DTSC may choose to adopt. These optional provisions are less stringent than existing California regulations but would provide greater flexibility for hazardous waste generators in the state.
For more information on updates to California’s hazardous waste management rules, or for help implementing them at your facility, please contact us.
This blog was written by Mutya Cruz, PhD, a Quality, Research, and Training (QRT) Specialist at Safety Partners.
