biennial hazardous waste report

Q&A: How do I report multiple waste codes in a lab pack on the biennial hazardous waste report?

A question (January 10, 2018):

Hi Daniel,
I have a specific question on the level of detail required for the haz waste report I file for our company on a biannual basis.
We had a lab pack in 2017 so I have a lot more codes than normal and want to understand the appropriate way to report.

Note:

The query contains a slight typographical error that requires clarification. The questioner uses the word “biannual” – meaning twice per year – when the correct word is “biennial” – every two years.  The biennial hazardous waste report is required to be submitted by March 1st of every even-numbered year for the hazardous waste managed in the previous (odd-numbered) calendar year.

My question is how to report labpack info consolidated on a manifest with multiple waste codes.

My concern is for example, the manifest says 60 lbs for an entry with six separate codes (U123, U147, D002, D004, D006, D007) when only ~1 lb (500g bottle) of actual material is formic acid (U123). The rest is ~5 lb other organic acids (D002), arsenic and chromium stds with nitric acid (D004, D007 – 100mL each), etc.

I guess my question is… does this 60 lbs on the manifest need to be broken down for each component with a unique waste code? If so, it would hard to determine how much is accounted for by the overpack container and vermiculite, etc.

Thanks if you can answer!

Note:

Another incorrect use of a word from the regulations could lead to confusion if not clarified.  The questioner uses the term “overpack” when the correct term is “lab pack”.  Overpack is the consolidation of one or more outer packages of hazardous materials or hazardous waste.  A lab pack is the consolidation of inner packagings or receptacles of hazardous waste within an outer packaging.

I could answer.  And I did. (January 15, 2018):

I believe I have an answer to your questions. Please see below.

The answer depends not on the waste codes in the lab pack (e.g., U123, U147, D002, D004, D006, D007) but on their management code. If the separate containers within the lab pack will all be managed in the same way (e.g., incineration), then the management would remain the same for the entire volume of all of the containers in the lab pack.

However, if some of the hazardous waste codes will be incinerated while others within the same lab pack will be landfilled or managed in some other way then you must report the amounts separately.

More information on reporting lab packs is below, taken from the report form instructions.

I hope this helps. Please contact me with any other questions.

From the USEPA website Biennial Hazardous Waste Report Instructions and Form:

Lab packs: Lab packs are containers of multiple smaller containers for transport purposes. The following rules should be applied to the reporting of lab pack wastes in the Hazardous Waste Report:

1) You may aggregate lab pack waste containers in most cases. However, you must report them as separate waste streams under the following conditions:

a) If they contain acute hazardous wastes (EPA Waste Codes F020, F021, F022, F023, F026, F027, and all “P” Waste Codes). Report separately from lab packs containing other hazardous wastes (all other EPA Waste Codes).

b) If they are managed differently from each other. For example, report lab packs that are land filled separately from those that are incinerated.

2) Enter a Form Code indicating lab packs (“W001” or “W004”) in Form GM, Section 1. These Form Codes may be used with any lab pack, whether the wastes are gaseous, liquid, solid, or sludge.

3) It is not necessary to report every EPA Waste Code included in a batch of lab packs if there are more than five waste codes. If there are many EPA Waste Codes enter “LABP” in the first Waste Code field and leave the remaining fields blank. If there are no more than five EPA Waste Codes in a drum/barrel, they should all be listed.

4) Density may be averaged. When reporting quantities for lab packs:

a) Include the weight of the containers if they are disposed (e.g., land filled) or treated (e.g., incinerated) along with the waste.

b) Exclude the weight of the containers if the waste is removed from the containers before treatment or disposal.

5) Source codes for lab packs vary depending on the situation. Review the Source Codes carefully to determine which is most appropriate in your case.

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That was everything he needed:

This is great.  Thank you Daniel.

Will contact you if have training opportunities in the future.

Appreciate your time.

Cheers,

Conclusion:

The next biennial hazardous waste report is due March 1st of 2020 for hazardous waste activities conducted in 2019.  Your state, if it’s one of the below, requires the report to be submitted annually.  And don’t forget, If you’re required to submit the hazardous waste report you are also required to provide annual Hazardous Waste Personnel training.

USEPA RegionStates That Require Annual Reporting
1Maine, New Hampshire
2New Jersey, New York
3Delaware, District of Columbia
4Georgia, Kentucky, Mississippi, South Carolina, Tennessee
5Illinois, Indiana, Michigan, Minnesota, Wisconsin
6Arkansas, Louisiana, Oklahoma, Texas
7Kansas, Missouri
8Montana
9Arizona, California, Guam
10Idaho, Oregon, Washington

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

State-Mandated Annual Reporting of the Biennial Hazardous Waste Report

Federal regulations of the Environmental Protection Agency (USEPA) at 40 CFR 262.41 require a generator who is a large quantity generator (LQG) of hazardous waste for at least one month in an odd-numbered year to submit the Biennial Report (aka: Biennial Hazardous Waste Report).  The generator must  complete the report using EPA Form 8700-13 A/B and submit it to the EPA Regional Administrator by March 1 of the following even-numbered year.

Not sure of your hazardous waste generator status?

 Take this short survey

A state with an authorized hazardous waste program may choose to make its regulations more strict than those of the USEPA.  One may that some states do this is to require an annual report from hazardous waste generators in their state.  Below is a table identifying the states by EPA Region that request an annual report instead of biennial from hazardous waste generators within their jurisdiction.

EPA RegionStates that require annual reporting
1Maine, New Hampshire
2New Jersey, New York
3Delaware, District of Columbia
4Georgia, Kentucky, Mississippi, South Carolina, Tennessee
5Illinois, Indiana, Michigan, Minnesota, Wisconsin
6Arkansas, Louisiana, Oklahoma, Texas
7Kansas, Missouri
8Montana
9Arizona, California, Guam
10`Idaho, Oregon, Washington

Other instances where state regulations for hazardous waste reporting are more strict than those of the USEPA:

  • Require reporting for small quantity generators (SQGs) of hazardous waste as well as LQGs.
  • Require reporting more frequently than annual, e.g. quarterly.
  • Collect a fee from hazardous waste generators.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Hazardous Waste Report Reminder for Ohio Businesses

From the Ohio Environmental Protection Agency Division of Materials and Waste Management:

In February of 2013, the Division of Materials and Waste Management (DMWM) changed the requirements for submitting the Hazardous Waste Report from annual to biennial. Generator and TSD data has since only been collected for odd numbered years and is due by March 1st for the following year. Please do not submit reports for 2014 as data for even numbered years is no longer required. If you need to submit a report prior to 2016 for the 2015 calendar year, please contact us.

However, if you normally submit other reports or data with your annual report that are not part of that report (e.g., the ground water monitoring annual report required by OAC 3745-65-94) please be aware that the frequency of these reports or data has not changed.

If you have any questions about this, or any other reporting issues, please contact Thomas Babb at 614-914-2527 or through email at thomas.babb@epa.ohio.gov

A Notice From the Ohio EPA Regarding the 2013 Hazardous Waste Report – Reminder and Changes

Below is the text from a notice from the Ohio Environmental Protection Agency regarding the Biennial Hazardous Waste Report due March 1, 2014 for calendar year 2013.  Read here how this once annual report was changed to biennial in 2012.

The reporting season has begun for the 2013 Hazardous Waste Report, which is due on March 1, 2014. This report is required of any facility that generated 2200 pounds or more of hazardous waste (or 2.2 pounds or more of acute hazardous waste) in any calendar month in 2013.

There are no changes to the reporting process, which means no changes to the eBusiness data entry screens or paper forms. eBiz users can now access reports from their facility’s entire period of record. In the past users were only able to access reports from 2009 or later. The only changes for the 2013 report itself are changes to some of the Management Method Codes and to the Waste Minimization Codes. You can see a list of these changes on pages 2 to 3, 29 to 30 and 62 in the Hazardous Waste Report Instructions. If you are filing a paper report or importing data files make sure that you are using correct and up to date codes or your report will fail data validation.

If you haven’t filed electronically before, please consider doing so this year. The software has many features that help you prepare the report quickly and more accurately than on paper. The software allows the user to validate some of the information provided in the report which helps to reduce the possibility of violations. It also includes the ability to copy a previous year’s report as a starting point for a new report, even if you haven’t filed electronically in the past. Remember, Ohio EPA recently started collecting Hazardous Waste Reports biennially. So the most recent report you will be able to access is from 2011. If you do plan on filing electronically this year for the first time make sure to start the process early so you can obtain a PIN and associate your Responsible Official with your facility.

The Responsible Official for the facility is the person who gets the electronic filing process started by applying for the eDRUMS service. To determine if you meet the requirement for either a Responsible Official or Delegated Responsible Official please reference OAC 3745-50-42. Begin by accessing our training materials on the hazardous waste reporting web page. These consist of three recorded webinars, or PDF copies of the PowerPoint presentations from the webinars:

  1. Getting Started in the eBusiness Center
  2. Applying for and Delegating the HW Service
  3. Preparing a Report in eDRUMS.

If your facility’s report was filed electronically for 2011 but there have been personnel changes, it’s time to have new users get eBiz accounts or terminate access rights for users no longer involved with the facility’s report. For information on removing preparers or Responsible Officials, see “Changing Roles in eBiz” on the Report web page.

If you have any questions, including questions or concerns about getting started in eBiz, please contact:

Thomas Babb, Hazardous Waste Report Coordinator
Thomas.Babb@epa.ohio.gov

(614) 914-2527

or

Paula Canter, System Administrator
paula.canter@epa.ohio.gov

(614) 644-2923

If you are a facility that is required to file an Annual Ground Water Monitoring Report in addition to the HWR please read these updates for the 2013 Reporting cycle.

If you are required to submit the biennial hazardous waste report in Ohio, that means you are also required to provide formal training (classroom or on-the-job) to all facility personnel annually so they are able to manage hazardous waste in compliance with the regulations (Ohio has an authorized hazardous waste program, so you must refer to state regulations).  In addition to hazardous waste management procedures, employees must be trained on your facility’s emergency response procedures.  I can provide this training (also HazMat Employee training required by the USDOT) in a variety of formats:  Seminars, Onsite, Web-Based.  Please contact me for a free consultation about your training requirements.

Ohio EPA to Change the Annual Hazardous Waste Report to Biennial

The Biennial Hazardous Waste Report (due March 1st of every even numbered year for the previous calendar year) is a requirement of the US Environmental Protection Agency for the following:

  • Treatment, Storage, and Disposal Facilities (TSDF’s) of hazardous waste.
  • Large Quantity Generators (LQG’s) of hazardous waste.
  • Small Quantity Generators (SQG’s) of hazardous waste who receive a notice to submit the Report.

However, States with an Approved Hazardous Waste Program may require the Report to be submitted annually (March 1st of every year for the previous calendar year).

Read about the 2011 Hazardous Waste Report due March 1st of 2012.

Until recently Ohio was a state with an approved hazardous waste program that required the Hazardous Waste Report to be submitted annually.  That changed with Ohio Senate Bill 294 which was signed into law by Governor John Kasich in early June and became effective September 5, 2012.  The Ohio EPA does a good job of summarizing how this will impact regulated industry within the state, so I’ll quote the website.

Generator and Facility Report Frequency will change from Annual to Biennial

Senate Bill 294 was signed by the Governor in early June, and becomes effective September 5, 2012.  One component of that bill allows the Director of Ohio EPA to report certain hazardous waste management data to the Governor biennially now instead of annually.  Ohio EPA intends to change certain annual reporting requirements to biennial reporting requirements to correspond with the federal program. 

Under these intended rule changes, your “Hazardous Waste Annual Report” currently due March 1, 2013, for 2012 data would not be required to be submitted to Ohio EPA.  Your first biennial report would be due March 1, 2014, for 2013 data. 

However, if you normally submit other reports/data with your annual report that are not part of that report (e.g., the ground water monitoring annual report required by OAC 3745-65-94), those other reports/data will maintain their annual reporting requirement.

It is our goal to have annual to biennial rule amendments effective prior to March 1, 2013. If the process is delayed for some reason, Ohio EPA will use enforcement discretion and you will not be held to the annual report requirement that is changing to biennial.

So there you have it, right from the Ohio EPA website.  While this will reduce the reporting requirement for hazardous waste generators in Ohio, it doesn’t affect any other rules applicable to generators of hazardous waste, such as the requirement for Large Quantity Generators of hazardous waste to provide annual training for Facility Personnel who may come into contact with hazardous waste or respond to a hazardous waste emergency.  The requirement for training can be found at 3745-65-16 of the Ohio Administrative Code referenced from 3745-52-34(A)(4).

Whether you are located in Ohio or anywhere else in the Union, the hazardous waste regulations of both State and Federal agencies are constantly changing and require you to keep abreast of those changes.  Contact me with questions about the hazardous waste regulations in your state or arrange to attend one of my training sessions.