Hazardous Waste Generator Improvement Update

The Hazardous Waste Generator Improvements (HWGI) rule is currently adapted in 23 states in addition to the territories and tribes who automatically implement Federal RCRA regulations.  Other states that have yet to adapt the rule are still in discussions.  Below are updates from the mid-atlantic area:

Maryland is in the final stages of drafting its proposal to integrate the major changes made by HWGI into COMAR 26.13.03 by January 2020.  The MDE is currently developing 14 regulatory changes affected by HWGI listed below:

Program	Regulation Title	Purpose
Oil Control Program	UST Regulations	Chapters revised to comply with current federal UST regulations, to remove obsolete language, and update current practices.
Solid Waste Program	Solid Waste Management	A review of the regulations pursuant to State Government Article, §§10-130-10-139 revealed the need to update these regulations due to changes in various statutes and cited regulations, and the Department's desire to incorporate some elements of 40 CFR Part 258, the federal regulations governing municipal solid waste landfills.
Solid Waste Program	Amendments concerning waste-derived fuel, incinerator permits.	To clarify existing regulations governing incinerators and waste-to-energy facilities, and to provide requirements  for and certain exemptions for the use of fuels derived from solid waste.
Solid Waste Program	Beneficial Use of Coal Combustion Byproducts	These regulations are being developed to address the use and recycling of coal combustion byproducts.
Resource Management Program	Hazardous Waste Land Disposal Restrictions	Incorporates Federal land disposal restrictions program for hazardous waste into State regulations. EPA is implementing their own rules.
Resource Management Program	Mixed Waste Rulemaking	Conditionally exempts mixed waste (waste that is regulated as hazardous waste and is also radioactive) from most hazardous waste regulations provided it is managed in accordance with Nuclear Regulatory Commission regulations.
Resource Management Program	Hazardous Waste Identification Rule – Contaminated Media and Debris	Establishes a Department approved remedial action plan as a form of permit when operations involved in cleaning up a contaminated site would otherwise trigger permit requirements for hazardous waste treatment or disposal.
Resource Management Program	Scrap Tires	The changes will update and modernize existing regulations on Scrap Tire Management in the State. The chapter is undergoing a major overhaul that will change limits for general collection licenses, change terms for licenses, create a scrap tire non-commercial transporter, reduce reporting requirements, etc.
Oil Control Program	Oil Pollution Spill Reporting	Chapter revised to move aboveground storage tanks (AST) into two new chapters (see 26.10.17 and .18) and make other necessary improvements.
Oil Control Program	Management of Used Oil	Adopts federal regulations and adds requirements for spill reporting, permits, annual reports, closure and burning used oil.
Oil Control Program	Field-Erected and Shop-Fabricated Aboveground Storage Tanks (New Chapters)	Aboveground storage tank requirements for construction, performance, inspections, registration, and record keeping.
Oil Control Program	UST Site Cleanup Reimbursement	Chapter revised to remove obsolete language and update current policies on reimbursements.
Solid Waste Program	Management of Coal Combustion Byproducts	Changes needed to the existing regulations governing coal ash, due to the promulgation of federal regulations governing coal ash that became effective in October 2015.
Resource Management Program	Hazardous Waste Generator Improvements Rule	Incorporate into the Code of Maryland regulations changes made to federal regulations applicable to persons who generate hazardous waste.

Virginia has adopted the HWGI rule, according to the EPA.  Here is more information on their adoption of the rule specifically the Hazardous Waste Pharmaceuticals Rule.

Washington, DC has yet to adopt the HWGI rule. Regulators are reviewing Federal and current regulations and drafting their proposal on how to best proceed.  The proposed date of completion is late 2019 or early 2020.