ohiorcrahazardous-wastegeneratorcompliance

Ohio's RCRA Generator Improvements Rule - What Changed and What It Means

Ohio adopted the federal Hazardous Waste Generator Improvements Rule on October 5, 2020. If you generate hazardous waste in Ohio - even small quantities - several provisions directly affect how you manage, label, and report your waste. Some of the changes provide more flexibility, others are more stringent than what came before.

Here is a practical summary of the changes that matter most.

Episodic Generation

This is the biggest quality-of-life improvement for small generators. Previously, if a Very Small Quantity Generator (VSQG) or Small Quantity Generator (SQG) had a one-time event that pushed them over their category threshold - a lab cleanout, a tank cleaning, a UST removal - they had to comply with all the requirements of the higher generator category for that month.

Now, VSQGs and SQGs can maintain their existing generator category during an episodic event if they meet specific conditions:

  • Notify Ohio EPA at least 30 days before a planned event, or within 72 hours of an unplanned event
  • Have an active EPA ID number (this means VSQGs that never registered need to get one)
  • Comply with labeling, accumulation, manifest, and recordkeeping requirements during the event
  • Ship all episodic waste within 60 days

One episodic event is allowed per calendar year. You can petition Ohio EPA for a second, but if the first was planned the second must be unplanned (or vice versa).

This is directly relevant to consultants: if you are overseeing a UST removal or site cleanup that generates a burst of hazardous waste at a client’s facility, the episodic generation provision may keep your client in their existing generator category.

SQG Re-Notification Every 4 Years

Under the old rules, SQGs only had to notify Ohio EPA once. Under the Generator Improvements Rule, SQGs must re-notify every 4 years using Form 9029. The first re-notification cycle started September 1, 2021.

This is a compliance trap. Many SQGs notified years ago and have never thought about it since. If your client is an SQG, verify they have submitted a re-notification within the last 4 years. Missing this is a citable violation.

LQG Re-Notification Every 2 Years

Large Quantity Generators must re-notify every 2 years. This can be satisfied by filing the biennial hazardous waste report (due March 1 of even-numbered years). If an LQG is listed in RCRAInfo but does not file a biennial report, it appears out of compliance with both the notification and reporting requirements.

LQG Closure Notification

LQGs must now notify Ohio EPA at least 30 days before closing their facility and again within 90 days after closing. The facility must meet closure performance standards. This applies to any facility that was an LQG on or after October 5, 2020, even if their generator status later changed.

Optionally, LQGs can also notify when closing a Central Accumulation Area (CAA) without closing the entire facility.

Labeling Changes

Containers and tanks must now be labeled with:

  • The words “Hazardous Waste”
  • An indication of the hazards of the contents (using words, pictograms, or hazard labels)
  • The date accumulation begins (except satellite accumulation containers below the 55-gallon threshold)

The hazard indication requirement is new. Previously, only the “Hazardous Waste” marking and the date were required. The new rules require something that communicates what the hazards are - a DOT hazard label, NFPA diamond, GHS pictogram, or plain English description all satisfy this.

VSQG Consolidation at LQGs

VSQGs can now send hazardous waste to an LQG under the control of the same person for consolidation before shipment to a TSDF. The waste can be shipped without a hazardous waste manifest and does not require a registered hazardous waste transporter, as long as DOT requirements are met. The receiving LQG must notify Ohio EPA using Form 9029 and the LQG Consolidation form.

This is useful for companies with multiple small facilities rolling up waste to a central location.

What to Do

If you advise clients on hazardous waste compliance:

  • Check SQG re-notification status. If they last notified before September 2021, they may be overdue.
  • Review container labels for hazard indication. This is the most commonly missed new requirement.
  • Know the episodic generation provisions so you can advise clients during one-time events like site cleanups and equipment decommissioning.

For the full breakdown of Ohio’s generator categories, accumulation limits, and requirements, see our RCRA Generator Requirements guide. For an overview of how the RCRA program works in Ohio, see the Ohio RCRA and Hazardous Waste Program Overview.