Oregon RCRA Hazardous Waste Reporting

Resource Conservation and Recovery Act (RCRA) compliance and reporting in the state of Oregon is required for any facility that generates hazardous wastes that meet or exceed certain thresholds. At the federal level, the RCRA requires a submission of a biennial report when generating and disposing hazardous wastes. At the state level, Oregon has mandated additional reporting requirements under the Department of Environmental Quality (DEQ). DEQ requires annual waste reporting to gather information about hazardous waste generation and disposal to protect human health and the environment from hazardous waste. Facilities who generate hazardous waste above certain thresholds must submit reports, and facilities who treat, store, or dispose (TSDFs) must obtain hazardous waste permits. Completion of Oregon’s annual reporting satisfies the federal biennial reporting requirements, and an additional report is not required.

Understanding Oregon’s Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

All facilities that generate hazardous wastes at or above established thresholds must complete an annual report with DEQ Online. A facility must submit a report if:

• It is classified as RCRA Large Quantity Generator (LQG), meaning the site generated or accumulated: 
  • • 1,000 kg or more of non-acute RCRA hazardous waste in a single month or 
    • 1 kg or more of RCRA acute/extremely hazardous waste in a single month or
    • More than 100 kg of any contaminated soil, waste, or other debris resulting from the cleanup of a spill of RCRA acute hazardous wastes onto any land or water
• It is classified as a RCRA Small Quantity Generator (SQG), meaning the site generated or accumulated: 
  • • More than 100 kg but less than 1,000 kg of non-acute RCRA hazardous waste in a single month or 
    • Less than 1 kg of RCRA acute/extremely hazardous waste in a single month or
    • Less than or equal to 100 kg of any contaminated soil, waste, or other debris resulting from the cleanup of a spill of RCRA acute hazardous wastes onto any land or water
• Very Small Quantity Generators (VSQGs):
  • • In Oregon, VSQGs are exempt from annual state reporting and biennial federal reporting requirements. VSQGs are only required to submit a site ID notification if there is a change in their generator status.
• If the facility is a TSDF

State Listed Hazardous Waste in Oregon

Some states, such as OR, have hazardous waste designations that are different from the federal wastes. Oregon has defined several additional wastes that may be considered hazardous under certain conditions. Some of these wastes have unique state-specific waste codes that must be included on annual reports. Some examples of wastes that may be considered hazardous in Oregon and should be on annual reports include:

• Pesticide residue 
  • Rxcept for those that are managed as universal wastes; or whose constituents are listed in 40 CFR 261.24
• Wastes received out of state that are considered hazardous in their state of origin
• Certain wastes are considered hazardous in Oregon, but should not be included in annual waste reports (unless the wastes are received from off-site). These include:
  • Polychlorinated Biphenyls (PCBs) 
  • Non-hazardous industrial waste 
  • Lab Pack that is not considered hazardous waste under RCRA
  • Household hazardous waste

A full list of OR hazardous waste codes can be found here 

Key Points: 

• Oregon has a limited list of state-specific waste codes and conditions in which waste may be considered hazardous
• Oregon has state-specific wastes that are considered hazardous but do not need to be included in annual reports.

Oregon Generator Statuses and Requirements

Very Small Quantity Generator (VSQG) Requirements

Federally, facilities that generate 100kg or less of hazardous waste are considered VSQGs and are exempt from federal biennial reporting. Oregon follows this designation. VSQs in Oregon are exempt from annual waste reporting requirements.

• If a VSQG experiences an episodic event that causes them to temporarily increase their waste generation beyond the VSQG threshold, they must file an annual report with DEQ.

Small Quantity Generator (SQG) Requirements

• Obtain EPA ID number
• Submit a hazardous waste generator report to the state each year through Your DEQ Online (YDO) by March 1 
• Use the Uniformed Hazardous Waste Manifest (UHWM) system (for federal reporting)
• Develop and maintain an Emergency Preparedness Plan 
• Conduct employee training for employees handling hazardous waste
• Only use approved TSDFs for waste shipments and disposals
• Pay annual fees 

Large Quantity Generator (LQG) Requirements

• Obtain EPA ID number
• Submit a hazardous waste generator report to the state each year through YDO by March 1 
• Submit Federal Biennial Report by March 1 every 2 years 
• Keep records for a minimum of 3 years
• Use the UHWM (for federal reporting) 
• Must have a detailed contingency plan with a designated emergency coordinator. The contingency plan must include contact information, procedures for spills or other emergencies, a list of emergency equipment with locations, and evacuation routes for each facility. 
• Must provide formal training to all employees within 6 months of hire on waste management procedures, waste handling, and emergency responses and annually thereafter
• Participate in regular inspections by DEQ to ensure compliance with hazardous waste accumulation, storage, training, record-keeping, and disposal practices

Tips:

• For questions about reporting requirements, contact Oregon’s DEQ at HazWaste@deq.oregon.gov or call the Hazardous Waste Reporting Hotline at 844-841-4938

Treatment, Storage, and Disposal Facilities (TSDFs) in Oregon

All TSDFs are required to apply for or renew hazardous waste permits annually if they store, treat, or dispose of hazardous waste on-site during the previous calendar year.

Examples of Facilities Subject to Waste Reporting

Below are some examples of facilities in Oregon that would most likely trigger the need to submit a RCRA Report:

• Automotive Manufacturing Plants: generate wastes such as paint sludges, solvents and heavy metals, spent solvents from parts cleaning, waste oils, and lead-acid batteries
• Wood Treatment Plants: Generate wastes such as creosote and pentachlorophenol residues, arsenic-containing wastes, and contaminated process water
• Petroleum Refineries: who generate petroleum sludge, contaminated soil, spent catalysts, and contaminated process water
• Healthcare and Medical Facilities such as hospitals, clinics, and manufacturing sites. Generate wastes such as prescription drugs, diagnostic agents, chemotherapy waste, and laboratory chemicals. Note: Oregon does recognize 40 CFR 266, Subpart P.
• Electronic Manufacturing Facilities. Generate wastes such as lead and cadmium containing solder wastes, spent etching acids, solvents, wastewater with heavy metals, and mercury from e-waste

Hazardous Waste Manifest Requirements for Oregon Facilities

A Hazardous Waste Manifest is a document that travels with hazardous waste throughout the shipping and treatment process. This document allows regulatory agencies to track waste from its origin to disposal, ensuring correct handling of waste from “cradle” to “grave”. Federally, all hazardous waste shipments must be accompanied by a UHWM (EPA Form 8700-22) from generation through disposal, unless the waste meets certain exceptions. Oregon encourages the use of the federal eManifest system for improved tracking of hazardous waste. In addition to federal regulations, Oregon has additional manifest requirements. 

• Uniform Hazardous Waste Manifests must include:
  • State or EPA ID numbers of facilities
  • Generator address 
  • Transporter companies with U.S. DOT descriptions
  • State specific hazardous waste codes
  • Waste descriptions and quantities including container information
  • Signatures from generators, transporters, and receiving facilities
  • Emergency response numbers and emergency spill cleanup procedures

For Generators:

• Starting January 22, 2025, all SQGs and LQGs will be required to register with the EPA e-Manifest system through RCRAInfo.
• Manifest submissions: Oregon DEQ does NOT require generators to submit copies of Uniform Hazardous Waste Manifests during reporting. Instead, DEQ will gather the necessary information through annual hazardous waste reports submitted to YDO. 
• If the generator does not receive a final signed copy from the TSDF within 45 days, they must submit an Exception Report to DEQ. This report should include a copy of the manifest and details of attempts made to locate the waste
• Must retain copies of all hazardous waste manifests for a minimum of 3 years

*Beginning January 22, 2025, TSDFs will no longer be required to send a final copy of a manifest to the generator for LQG and SQG sites. Generators can access final manifests through RCRAInfo.

For TSDFs:  

• The EPA UHWM must accompany waste throughout its shipment and treatment process. Oregon does not require submission of waste manifests by TSDFS, but will gather necessary information from the annual report.
• Management Method Codes: Item 19 on the federal manifest form requires a Hazardous Waste Management Method Code detailing the INITIAL management method for hazardous waste. For Oregon’s annual report, item 19 is a management code that details the FINAL management method (i.e. if H141 is on item 19, then the generator must find out what the ultimate disposal of the waste was and report that).
• Must send a copy of the signed manifest to the generator within 35 days.
  *Beginning January 22, 2025, TSDFs will no longer be required to send a final copy of a manifest to the generator. Generators can access final manifests through RCRAInfo.
• Must maintain copies of manifests for a minimum of 3 years.
• Un-manifested Waste Reports: If a TSDF accepts hazardous waste without a manifest, a report must be submitted to the EPA Regional Administrator within 15 days of accepting the waste. This report includes information about the facility, the waste type and quantity, method of treatment, storage, and disposal, and an explanation for why the waste was un-manifested. Facilities should also contact DEQ to confirm all requirements have been met.
• Discrepancy Reports: If a TSDF operator determines a discrepancy in quantities or types of waste, they must first attempt to resolve it with the generator within 15 days of the incident. If it is not resolved within 15 days, TSDFs must submit a report with DEQ detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue. 

Common Manifest Errors

• Missing information: including EPA ID numbers, container counts, and state waste codes
• Inaccurate information: Transposed numbers, incorrect dates, incorrect units of measure for waste quantities 
• Mismatched or invalid Manifest Tracking Numbers (MTN)

Oregon Electronic Waste Reporting System (Your DEQ Online)

Overview of YDO

Oregon utilizes the state based YDO system for annual reporting. Federal biennial reports are also submitted through YDO. Electronic data storage and state level reporting supports federal RCRA compliance by keeping track of certain waste streams, emergency response plans, employee training, and hazardous waste generation and storage. YDO is used for uploading waste reduction plans (see below), notifying the state of changes in operation, obtaining EPA ID numbers, submitting waste reports, applying for hazardous waste permits, and paying fees and any potential fines. YDO is accessible by fire departments and local agencies throughout OR. Oregon requires electronic reporting to ensure a unified, standardized platform that is accessible to all authorized agencies across the state. 

How to Submit a Hazardous Waste Report in YDO:

Here are the key steps for using YDO Reporting system:

1. Register for a YDO account and log in
2. Compile Hazardous waste data including waste type, quantities generated, handling methods, shipments, and manifest copies
3. On the left hand side of the screen, select “Upcoming Obligations” to start the report. Select the pencil icon to begin
4. There are 5 report tabs to complete:
   1. Basic info: Includes facility site information, RCRA ID, address, contact information, and waste stream information. A facility may download an Excel file to complete or manually enter information for each waste stream. This information includes details about the waste a facility generated, state codes, quantities, and disposal/treatment methods and locations.
   2. Attachment: There are no attachments for generators of hazardous waste.
   3. Payment: No payment is required to submit a generator report. A generation and management fee will be sent to facilities in June in each year after all reports have been reviewed.
   4. Review: This is where a facility can see a summary of report submissions. This is also where a facility will assign a Responsible Official (RO) to review the report. YDO will automatically e-notify the RO that a report is ready for review. Once a facility completes a report, they can download a PDF copy by clicking on the PDF icon. Submission copies can also be accessed from the home dashboard of YDO by selecting the submittals tab. 
   5. Submission: This is where the final report will be submitted. Only a RO can complete a submission for a facility. The RO should review the report and certify it to submit.

Key Points:

• OR only accepts electronic submissions of hazardous waste reports
• Waste manifests are NOT uploaded to YDO, instead facilities will manually enter the information from the manifests
• Regularly save report progress, facilities can return to in-progress annual report at any time prior to submission
• There are no fees at the time of submitting, but a fee will be applied to reporting facilities in June each year
• A complete guide to submitting annual hazardous waste reports into YDO can be found here

 

Deadlines,Timelines RCRA Reporting Frequency

Annual Reporting Deadline

In Oregon, hazardous waste reports are due by March 1 each year regarding information on hazardous wastes generated by the facility in the previous calendar year.

Additional Reporting Requirements (additional waste reports)

• Toxics Use and Hazardous Waste Reduction Law (TUHWR): OR has implemented the TUHWR to require businesses to develop plans to reduce their hazardous waste generation. These plans encourage businesses to review processes and make “good-faith efforts” to reduce waste. 
  • Form A or Form R Toxic Inventory Release (TRI) submitters, SQGs and LQGs are required to follow certain requirements under TUHWR. These requirements are:
    • Develop a reduction plan or Environmental Management System (EMS)
    • Submit an electronic form notifying DEQ of a Reduction Plan or EMS. This is done through YDO
    • Submit 2 Implementation Summaries to DEQ
    • Keep a copy of the Reduction Plan or EMS document on site 
    • Periodically update the Reduction Plan or EMS to reflect current generation and personnel
    • A template for  waste reduction plans can be found here
    • Generators will be notified of their requirement to submit a Reduction Plan. Facilities have 120 days from the notification to submit this plan to DEQ. Generators are also required to submit to Implementation Summaries detailing their progress. The first is due 1 year after submitting the initial plan, and the second is due 2 years after the initial submission.
• Episodic Generation exemptions: As of 2024, OR has adopted the federal Hazardous Waste Generator Improvements Rule which allows for temporary increases in waste generation without losing generator status but with additional stringency. Any increases in waste that cause a facility to increase the limits for their generator category requires a notification to DEQ immediately. These notifications are submitted through YDO.
• TSDF Permits: In addition to annual reporting, TSDFs are required to apply for or renew a hazardous waste permit each year the TSDF plans to store, treat, or dispose of hazardous waste on-site. Permits are also issued by the Oregon DEQ. The fee for this permit is calculated based on the type of waste and volume handled. 
  • • Generators may also have to apply for these permits when accumulating and storing waste on-site above certain time thresholds:
      • SQGs: Accumulates more than 13,200 pounds of waste or storing waste for more than 180 days
      • LQGs: Storing for more than 90 days

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Continuously tracking waste generation data will help with maintaining generator status all year and assist in promptly identifying any changes. This is especially important because OR does not allow for episodic generation exemptions. 
• Continuously and thoroughly recording waste can help ensure data is accurate and ready to go when the March 1st deadline comes around each year. A good rule of thumb is to have data ready to review the first week of January.
• Employee training: Federal regulations require facilities that generate hazardous waste maintain records of their employee training. These records may need to be reported during inspections or upon request. Facilities should maintain up to date records of all training sessions including dates, topics covered, attendees, etc. and store these records for 3 years to ensure compliance. 

Understand State-Specific Reporting Requirements

• Oregon requires all TSDFs to apply for hazardous waste permits each year. SQGs and LQGs who manage waste on-site above Federal thresholds are also required to apply for these permits.
• Oregon also has specific state-defined hazardous wastes that must be included in annual reports and on waste manifests.
• Oregon requires all SQGs and LQGs to file a hazardous waste reduction plan with DEQ Online and update it each year with current waste practices (Note: annual review is not the same as the two required implementation summaries).

Keep Copies of All Submitted Reports

Once a facility has submitted an annual report, it can be exported as a PDF using the following steps:

1. Log into YDO website using user credentials.
2. From the dashboard, select “Submittals”
3. Click on the specific report and select the PDF Icon
4. Review the results onscreen and click the export button to save the file. It is good practice to keep this copy for a minimum of 3 years.

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Reporting incorrect waste quantities or generator status can be due to events of underreporting to avoid reaching LQG status and over-reporting due to data management errors

Tips:

• Create standardized reporting checklists to ensure accurate information
• Maintain up to date and accurate logs of waste generation and disposal all year long
• Use software tools for tracking hazardous wastes

Failure to Report All Hazardous Wastes

Omitting certain waste types can happen unintentionally due to a variety of factors such as a lack of understanding OR regulations, incorrectly identifying wastes as non-hazardous, failure to assign correct waste codes, or failure to report wastes that are otherwise federally-exempted such as forgetting to include used oil filters, etc.

Tips: 

• Conduct regular waste assessments to ensure proper classification
  • Verify waste information with waste disposal facilities 

Failing to Keep Up-To-Date with Changes in Regulations

Errors in reporting can occur when regulations change. Using technology can be a powerful tool to stay informed of ever evolving regulations. 

Tips: 

• Stay informed: subscribe to updates from OR DEQ to keep up to date of any deadlines 
• Join county and state EHS associations to stay up to date about regulatory changes

Lack of Compliance with Oregon-Specific Waste Regulations

The following may cause a facility or organization to be out of compliance in Oregon: 

• Not notifying DEQ when changes in waste generator status can lead to violations in OR as they do not allow for episodic generation exemptions
• Failure to apply state-specific waste codes
• Failing to complete a waste reduction plan with DEQ can lead to penalties and fines
• Failing to obtain a permit when storing waste on-site as a generator can also lead to fines and penalties
• Tips:
  • Monitor waste totals monthly 
  • Promptly notify DEQ if there are changes in waste generation
  • Contact the statewide hotline for hazardous waste with questions report requirements at 1-800-732-9253

Late and Missed Submissions

Missing the March 1st deadline for annual reporting each year can lead to penalties, fines, and increased report fees.

Tips:

• Create a shared compliance calendar and set reminders well in advance
• Start compiling hazardous waste data and facility information early (by January at the latest) to avoid last-minute errors
• Use a centralized digital filing system so data can be easily and readily accessed
• Be prepared to pay the report submission fees after invoice submittal by DEQ in June

 

Penalties for Non-Compliance with RCRA Reporting in Oregon

Potential Fines and Legal Consequences

Non-compliance in Oregon can lead to significant penalties, including civil enforcement actions and criminal penalties. DEQ enforces civil enforcement actions and calculates them based on the Oregon Administrative Rules.

• Base penalties range from $100 per day for each Class III violation to $12,000 per day for each Class I violation. Fines are calculated based on severity, magnitude, and duration.

Most common fines in Oregon:

• Improper storage of hazardous waste
• Failing to conduct proper inspections
• Missing deadlines for annual reports
  • Base fine of $100-$12,000 per day late. 
• Failing to file a Reduction Plan or EMS to DEQ
  • Class II Violation
• Examples: 
  • A manufacturing company was fined $122,961 for storing hazardous waste on site without a permit
  • A metal working company was fined $57,348 for improper treatment of hazardous waste

Criminal Penalties:

In OR, criminal penalties are often reserved for severe penalties and are imposed by federal authorities. Knowingly endangering others or harming the environment due to improper management of hazardous waste can result in up to 15 years in person and/or fines up to $250,000 for individuals and $1,000,000 for businesses. 

Transporting, storing, treating, or disposing of hazardous waste illegally can result in 5 years in prison and/or fines up to $50,000 per day per violation.