Louisiana RCRA Hazardous Waste Reporting

Federally, hazardous waste is regulated by the EPA under the Resource Conservation and Recovery Act (RCRA). At the state level, Louisiana hazardous waste is managed by the Louisiana Department of Environmental Quality (LDEQ). Louisiana hazardous waste regulations closely mirror federal requirements, with a few exceptions. Louisiana requires annual hazardous waste reporting through the federal RCRAInfo system.

Understanding Louisiana Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

In Louisiana, certain facilities that generate hazardous waste at or above certain thresholds are required to submit annual hazardous waste reports. Facilities that are considered large quantity generators must report annually. In Louisiana, a facility must report if:

• The facility generates more than 1,000 kg (2,205 lbs) of hazardous waste in any given month OR
• More than 1 kg (2.2 lbs) of acutely hazardous waste in any given month
  Generate more than 100kg (220 lbs) of contaminated soil, waste, or other debris resulting from the cleanup of a spill into or on any land or water of any RCRA acute hazardous waste
• The facility is a treatment, storage, and disposal facility (TSDF) that treated, stored, recycled, or disposed of RCRA hazardous wastes on-site or shipped the waste off-site to a RCRA-permitted TSDF
  

State Listed Hazardous Waste in Louisiana 

Louisiana has adopted all federal waste categories and codes defined by the EPA.
A full list of EPA Federal waste codes is available here.

While Louisiana has not adopted any State Hazardous wastes, it is important to know that Louisiana does regulate “Industrial Solid Wastes.” These are wastes that are NOT RCRA Hazardous but are solid wastes generated by a manufacturing, industrial, or mining process or that are contaminated by solid waste generated from such a process. Generators of Industrial Solid Wastes are required to submit an annual report of these wastes by August 1 of each year. As the focus of this page is on Hazardous Wastes, the Louisiana “Industrial Solid Wastes” shall not be discussed further. Reach out to Encamp for any further questions or support regarding Louisiana’s “Industrial Solid Wastes.”

Louisiana Generator Statuses and Requirements

Louisiana requires LQGs to submit annual waste reports each year. Federally, LQGs must submit biennial reports through RCRAInfo. Louisiana uses the federal RCRAInfo system for both annual and biennial hazardous waste reports. These reports are due by March 1 each year. On RCRAInfo, LQGs will select annual reporting in odd-numbered years and biennial reporting during even-numbered years.

Generators that cease operations or move must notify within 30 days. All other changes to activities require the submission of Notification of Hazardous Waste Activity prior to the generator engaging in that activity.

Very Small Quantity Generators (VSQG) Requirements

Federally, facilities that generate 100 kg (220 lbs) or less of hazardous waste per month are considered VSQGs. VSQGs in Louisiana are not required to submit annual reports. VSQGs are required to notify LDEQ of hazardous waste activity or potential changes using form HW-1. This form should be mailed to:

Notifications & Accreditations Section Public Participation and Permit Support Division

Office of Environmental Services

Louisiana Department of Environmental Quality

Post Office Box 4313

Baton Rouge, LA 70821-4313

If a VSGQ no longer generates hazardous waste, submit a No Hazardous Waste Activity Form within 30 days of operations ceasing.

Please note: Other Federal Requirements still apply to VSQGs within Louisiana, such as accumulation limits, labeling, and so forth. While it is permitted to not use a HazMat transporter if sending to an LQG for consolidation, DOT HazMat requirements still apply.

Small Quantity Generator (SQG) Requirements

Facilities that generate between 100 kg (220 lbs) and 1,000 kg (2,200 lbs) of hazardous waste per month are considered SQGs. SQGs in Louisiana do not have to submit annual reports. SQGs are required to notify LDEQ of hazardous waste activities using form HW-1. This form should be completed and mailed to LDEQ using the address above. SQGs are also required to:

• Use permitted transporters for shipments of hazardous waste
• Conduct basic employee training for employees handling hazardous waste
• Develop basic emergency response plans
• Use Uniform hazardous waste manifests (UHWM) when shipping waste
  • Exception Reporting: Submit UHWM to LDEQ if not received by the Generator (via eManifest) within 60 days (note: Louisiana may change this with the 3rd eManifest Ruling to incorporate Exception Reporting)
• Re-notify the LDEQ of their status every four years based upon their assigned EPA ID number as follows:
  • Even numbered EPA ID numbers: April 15, 2021 (and every 4 years thereafter)
  • Odd numbered EPA ID numbers: September 15, 2021 (and every 4 years thereafter)

Large Quantity Generator (LQG) Requirements

Requirements: 

• Re-Notify LDEQ of their status by March 1 of each even-numbered year
• Submit the Annual Hazardous Waste Report by March 1 each year
• Use the UHWM for waste shipments
  • Exception Reporting: Submit UHWM to LDEQ if not received by the Generator (via eManifest) within 45 days (note: Louisiana may change this with the 3rd eManifest Ruling to incorporate Exception Reporting)
• Use permitted transporters for shipments of hazardous waste
• Provide formal training to all employees within 6 months of hire on waste management procedures, waste handling, and emergency response
• Have detailed contingency plans with a designated emergency coordinator (and Quick Reference Guide or QRG). The contingency plan must include contact information, procedures for spills or other emergencies, a list of emergency equipment with locations, and evacuation routes for your facility
  • When the contingency plan is updated, LDEQ requires updated changes to be submitted to local emergency responders
    

Examples of Facilities Subject to Waste Reporting

Below are examples of facilities in Louisiana and the hazardous wastes generated that would likely trigger the need to submit an annual hazardous waste report:

• Petrochemical and Oil Refining Facilities: spent solvents, catalysts, sludge, tank bottoms, and residuals from crude oil refining and petrochemical production
• Oil and Gas Production Facilities: drilling mud, sludge, tank bottoms, spent fluids from hydraulic fracturing
• Manufacturing facilities: spent solvents, paints, coatings, heavy metals, sludges, pulping chemicals, textile dyeing waste
• Wastewater treatment plants: spent chemicals and industrial wastewater
• Research and Development laboratories/Universities: laboratory chemicals including acids and other hazardous materials, biological wastes, mercury containing materials

Hazardous Waste Manifest Requirements for Louisiana Facilities

In Louisiana, hazardous waste manifests requirements are based on federal RCRA regulations and state regulations put in place by LDEQ. Waste manifests are essential for tracking hazardous waste in a way that ensures it is properly contained, transported, and treated to protect environmental and human health. Louisiana relies on the use of the Uniform Hazardous Waste Manifest (EPA Form 8700-22) to maintain compliance and consistency with federal standards.

Waste manifests must include:

• EPA ID numbers of all facilities 
• Generator address and contact information
• Transporter companies with U.S. DOT descriptions
• Federal hazardous waste codes
• Waste descriptions and quantities
• Signatures from generators, transporters, and receiving facilities
• Emergency response numbers and emergency spill cleanup procedures

For Generators:

• Louisiana requires generators to retain copies of manifests for a minimum of 3 years
  
• If a generator does not receive a final manifest copy from a TSDF within 45 days, they must report the manifest as missing to LDEQ
  
• Louisiana encourages the use of the electronic e-Manifest system through RCRAInfo
  • If paper manifests are used, final copies must be uploaded through RCRAInfo as part of the annual reporting requirements
    

For Treatment, Storage, and Disposal Facilities:  

• TSDFs must retain a final manifest copy for 3 years 
• TSDFs must send a copy of the final manifest to the generator 

Starting January 22, 2025: TSDFs will no longer be required to send final manifests to generators. TSDFs will upload final manifests to the federal e-Manifest system. SQGs and LQGs will be required to register for the e-Manifest system and may have to show proof of registration during inspections. 

Common Manifest Errors

• Missing information: including EPA ID numbers, container counts, and waste codes
• Inaccurate information: Transposed numbers, incorrect dates, incorrect units of measure for waste quantities
• Failure to add all signatures and dates
• Submitting an illegible paper copy to e-Manifest 

Louisiana Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

Louisiana utilizes the federal RCRAInfo system for biennial RCRA reports and state annual reports. Electronic data storage and state-level reporting support federal RCRA compliance by keeping track of certain waste streams. LQGs are required to submit federal biennial reports and must use RCRAInfo to comply with federal reporting requirements. Waste manifests uploaded and stored in RCRAInfo are accessible by fire departments and local agencies throughout Louisiana. Louisiana 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 RCRAInfo

Here are the key steps for using RCRAInfo Online Reporting system:

• Go to RCRAInfo  and either create a new account or sign in with your existing credentials
• Access the reporting module based on reporting year:
  • Odd-numbered years: Use Annual Report Module
  • Even-numbered years: Use Biennial Report Module
• Compile hazardous waste data including waste type, quantities generated, handling methods, shipments, manifests, laboratory analyses, contracts, permits, and details about disposal facilities 
• Complete all the required forms:
  • Site Identification (SI) Form: includes facility details such as EPA ID numbers, location, waste activity and contact information
  • Waste Generation and Management (GM) Form: Includes details on types and quantities of waste generated as well as how they are managed. Report both federal hazardous wastes and state-designated hazardous waste with their codes
  • Waste Received from Off-Site (WR) Form: Information about facilities sending and receiving hazardous waste including EPA IDs, descriptions, and quantities received
  • Off-site Identification (OI) form: required when hazardous waste is shipped off-site for disposal, treatment, or recycling
• Review and submit waste reports
  • Louisiana requires biennial report fees to be paid when reports are submitted. These fees are based on the amount of hazardous waste generated during the reporting year

Deadlines, Timelines RCRA Reporting Frequency

Annual Reporting Deadline

In Louisiana, the RCRA reporting deadline is March 1 annually for LQGs, regarding information on hazardous wastes generated by the facility in the previous calendar year.

Additional Reporting Requirements (additional waste reports)

Oilfield Waste Form: In Louisiana, facilities that generate oilfield waste must submit an oilfield waste form detailing information about the generation, management, and disposal of oilfield waste. These forms are for reporting hazardous waste generated during oil and gas extraction operations, such as drilling fluids, produced water, and sludge, transporting exploration and production (E&P) waste, or ceasing operations.

Episodic generation: Louisiana has adopted the federal generator improvements rule, meaning Louisiana allows for generators to temporarily exceed the waste limits for their generator category. Facilities in Louisiana must notify LDEQ at least 30 days prior to planned episodic generation events for approval and as soon as possible following unplanned events. Failing to notify LDEQ in a timely manner after unplanned events may result in fines and civil penalties.

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Continuously tracking waste generation data will help with making sure you are maintaining your generator status all year and assist in promptly identifying any changes.
  
• Continuously and thoroughly recording waste can help ensure your data is accurate and ready to go when the March 1 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 to maintain records of their employee training. These records may need to be reported during inspections or upon request. Ensure your facility maintains up-to-date records of all training sessions, including dates, topics covered, attendees, etc, and stores these records for 3 years to ensure compliance.
  

Understand State-Specific Reporting Requirements

Louisiana requires all generators, regardless of generator status, to notify LDEQ of their hazardous waste activities within 14 days of generation. Generators notify LDEQ via paper forms using the HW-1 form.

• LQGs in Louisiana are required to submit hazardous waste reports through RCRAInfo each year

Louisiana also regulates Industrial Solid Wastes regardless of generator status.

• Industrial Solid Waste generators are required to submit Industrial Solid Waste reports via mail by August 1 each year
  

Keep Copies of All Submitted Reports

All annual reports should be retained for a minimum of 3 years. Once an annual report is submitted, it can be exported as a PDF, CSV, or Excel file using the following directions:

1. Log in to the RCRAInfo website using your user credentials.
2. From the dashboard, select “Annual Report” (or “Biennial” depending on the year) and locate your submitted report in the list of submissions.
3. Click on the specific report and select “export”.
4. Review the results onscreen and click the export button. Choose the format you prefer and save your file to your computer.

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 overreporting due to data management errors.

Tips:

• Create standardized reporting checklists to ensure accurate information
  • Consider electronic tracking or digital software to automatically calculate quantities based on generation and shipments 
• Maintain up-to-date and accurate logs of waste generation and disposal all year long

Failure to Report All Hazardous Wastes

Failing to report all hazardous wastes can occur for a number of reasons, including misidentification or underclassification of waste streams. This can happen when a facility overlooks smaller waste streams, fails to recognize mixtures of hazardous waste with nonhazardous waste, or relies on outdated waste determination rules. Failing to report all waste can lead to underreporting, misrepresenting generator categories, and issues of non-compliance.

Tips:

• Conduct regular waste stream inventories 
• Regularly update waste determinations
• Use a digital waste management tracking system to reduce errors and improve record-keeping
• Consult with environmental experts 

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

Failing to keep up with changes in regulations can be due to a number of factors. Facilities may lack designated staff members dedicated to tracking regulatory updates, incorrectly assume that long-standing waste management practices remain compliant, or fail to monitor changes from both the EPA and LDEQ.

Tips:

• Assign a designated staff member or team to monitor current waste regulations
• Subscribe to updates from federal agencies and local EHS groups 
• Conduct annual compliance audits
• Implement software solutions to track hazardous waste regulations and notify of updates 

Late and Missed Submissions

All annual reports must be submitted and paid for by March 1 each year (or August 1, in the case of Industrial Solid Waste reports). Late submissions will be met with late fees imposed by LDEQ. Missed reports will lead to a Notice of Violation, fees, and an increased likelihood of frequent inspections and audits. Contact LDEQ if an extension is needed.

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

Penalties for Non-Compliance with RCRA Reporting in Louisiana 

Potential Fines and Legal Consequences

Non-compliance in Louisiana can lead to penalties, including civil and criminal fines. Penalties and fines are imposed by the LDEQ and the EPA. Penalties and fines are determined based on factors such as the severity and frequency of violations, the facility’s knowledge of the infraction, and the duration of non-compliance. As of January 8, 2025, the maximum penalty for a RCRA violation is $93,058 per violation per day, with the EPA expected to adjust this amount annually.

Common penalties include:

• Failing to submit biennial hazardous waste reports
• Submitting annual reports late: A penalty of 8% per annum calculated from March 1, plus an additional 5% of total fees due for every 30 days the report is delayed
• Operating as a Treatment, Storage, and Disposal Facility (TSDF) without a permit
• Exceeding hazardous waste storage limits without authorization
• Failing to maintain accurate and up-to-date waste manifests in the e-Manifest system