June 16, 2020

Hazardous Waste Import Documentation

RCRA-permitted treatment, storage, and disposal (TSD) facilities and large quantity generators (LQGs) receiving hazardous waste imports have additional RCRA documentation and reporting requirements compared to non-importers. EPA’s Office of Inspector General found significant noncompliance with the necessary report submittals when imports were received. RO 14925 provides guidance to importers of hazardous waste on the correct documentation procedures.

Section 262.13 requires generators to count the hazardous waste they generate in each calendar month. Importers should add the quantity of hazardous waste imported to the quantity generated at the importer’s physical site. According to the guidance, the date a hazardous waste import enters the country is the date the waste is “generated.”

Per §§264.71(a)(3) and 265.71(a)(3), TSD facilities importing hazardous waste must include the relevant EPA consent number for each waste listed in Block 9b at the time the TSD facility submits a copy of the hazardous waste manifest to the agency. This provides documentation confirming EPA’s consent to the import of the hazardous waste.

TSD facilities (§§264.75 and 265.75) and LQGs (§262.41) must also provide hazardous waste import information as part of their biennial report (BR). TSD facilities are required to report hazardous waste imports via the WR form (the “waste received from off-site” form). If the TSD facility is also the importer of record, then it assumes generator requirements for the import and must also report the import shipment as generated hazardous waste from a foreign source using the GM form (the “waste generation and management” form). An LQG who receives hazardous waste imports but does not subsequently treat or dispose the waste must still complete the appropriate portions of the GM form for that waste. For more information on documenting imports on the BR, EPA maintains a website for hazardous waste biennial reporting instructions and forms.

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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.