Hazardous waste generation is regulated by the Unites States – Environmental Protection Agency (US-EPA) under the Resource Conservation and Recovery Act (RCRA) Laws. Generators are categorized based on the quantity of hazardous waste generated in any given month. Facilities that are categorized as a large quantity generator (LQG) are required to report all hazardous wastes generated in an odd-numbered year. The quantities, disposition, and nature of all generated hazardous wastes must be reported by a LQG.
A facility is categorized as a LQG if, in any given calendar month, the facility generates (a) greater than 1 kg of acute hazardous waste; (b) greater than or equal to 1,000 kg of non-acute hazardous waste; or (c) greater than 1000 kg of residues from a cleanup of acute hazardous waste. A hazardous waste is defined as acute if it poses a threat to human health and the environment and is listed for acute toxicity. Only one of the conditions listed above must be met in order for the facility to be categorized as an LQG, and a generator may fall under a different category from month to month based on variations of hazardous waste generated.
A National Biennial RCRA Hazardous Waste Report (Biennial Report) form (EPA form 870-13A/B) must be submitted to the US-EPA by March 1 of every even-numbered calendar year and should include all hazardous wastes generated in the previous odd-numbered calendar year. The form requires information such as the facility’s EPA ID number, the facility’s name and address, the quantity and nature of the generated hazardous waste, and whether the hazardous waste was sent for recycling, treatment, storage and/or disposal.
In New Jersey, specifically, a facility that generates hazardous waste during remediation under the NJDEP Site Remediation Program (SRP) may be recategorized as a different generator classification status (I.e., LQG vs SQG or VSQG) if a certain quantity of waste is generated. Please note that there are exemptions for episodic generation (ie., one-time short-term events) that provide a facility with the ability to generate hazardous waste in a higher generator category without having the facility remain at the higher category classification and comply with fees, reporting and documentation, as applicable.
Individuals should also be aware that waste generated in an odd numbered year shall be reported in March of the following even numbered year. For example, if a facility generates hazardous waste in 2021, a Biennial Report form must be submitted to the US-EPA by March 1, 2022. If the remediation and hazardous waste generation occurs in an even-numbered year, the facility would be exempt from reporting the hazardous waste generated. Only hazardous waste generated in an odd-numbered year is required to be reported under RCRA regulations.
For additional resources and instructions on Biennial RCRA Hazardous Waste Reporting, refer to the following US-EPA website at: https://www.epa.gov/hwgenerators/biennial-hazardous-waste-report