January 17, 2020

Biennial Reporting by March 1

Large quantity generators (LQGs) and RCRA permitted treatment, storage, and disposal (TSD) facilities are required to submit a biennial report to their state/regional EPA office by March 1 of each even-numbered year describing their hazardous waste management activities for the previous odd-numbered year. Episodic generators are also required to submit a report if they are an LQG in any single calendar month of the odd-numbered calendar year. Although EPA requires the biennial report to be submitted on EPA Form 8700-13A/B, states may require the use of their own modified version of the EPA form. EPA has updated its biennial reporting website describing this process for the 2020 submittal year.

In general, if a facility generates a hazardous waste and counts that waste when determining their generator status, that waste would be included in the report. This means wastes managed in RCRA-exempt units (e.g., elementary neutralization units) without prior storage would not need to be included on the report. However, two wastes must be included in the report, even though they may enjoy an exemption:

Radioactive mixed wastes [RO 13535], and
Samples sent as part of a treatability study [§262.13(c)(1)].

When entering waste quantities on the biennial report, EPA has said the container weight does not have to be included. [RO 12151] Regarding lab packs, the biennial report instructions state: 1) include the weight of the containers if they are disposed (e.g., landfilled) or treated (e.g., incinerated) with the waste, but 2) exclude the weight of the containers if the waste is removed from the containers before treatment or disposal.

Waste minimization information must also be described by entering codes for each hazardous waste that best correspond to the waste minimization, recycling, or pollution prevent efforts implemented to reduce the waste’s volume and toxicity.

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Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.