Idaho RCRA Hazardous Waste Reporting

The management and reporting of hazardous waste in Idaho is governed by both federal and state regulations, ensuring that hazardous materials are handled in a way that protects human health and the environment. At the federal level, the Resource Conservation and Recovery Act (RCRA) sets the framework for hazardous waste management across the United States. In Idaho, hazardous waste is regulated by the Department of Environmental Quality (DEQ). Compliance with state and federal regulations is required for any facility that generates hazardous wastes at or above certain thresholds, as well as treatment, storage, and disposal facilities (TSDFs). Federally, large quantity generators are required to submit biennial reports to the EPA every 2 years. At the state level, certain generators of hazardous waste and TSDFs are required to submit annual hazardous waste reports with IDEQ each year by January 31st.

Understanding Idaho Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

Annual reports provide details on the types and quantities of hazardous waste generated, stored, and shipped during the calendar year. In Idaho, annual reports must be filed each year by January 31 for small and large quantity generators, meaning a facility must report if they: 

• Generated 100 kg (220 lbs) or more of non-acute RCRA hazardous waste in a single month or 
• 1 kg (2.2 lbs) or more of RCRA acute/extremely hazardous waste in a single month or
• More than 100 kg (220 lbs) 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

State Listed Hazardous Waste in Idaho

• Idaho does not have state-only wastes subject to RCRA reporting. Idaho has adopted all federal waste categories and codes defined by the EPA.
• A full list of EPA Federal waste codes is available here 

Idaho Generator Statuses and Requirements

Very Small Quantity Generators (VSQG) Requirements

VSQGs generate less than 220 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. VSQGs are exempt from state and federal reporting requirements. VSQGs are not required to notify Idaho of hazardous waste generated. VSQGs must still take steps to ensure compliance, including:

• Waste determination
• Maintain records of determinations, manifests, receipts, etc. for at least 3 years
• Ensure storage does not exceed 2,200 lbs of hazardous waste on-site at any time
• Store hazardous waste in appropriate containers
• Only use permitted TSDFs or consolidate waste with a registered LQG
• Manage waste to minimize risk to human health VSQGs experiencing an episodic event are required to obtain an EPA ID number and notify the state via the Notification of Regulated Waste Activity form 

Small Quantity Generator (SQG) Requirements

SQGs generate between 220 and 2,200 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. SQGs in Idaho are required to submit annual waste reports. In addition to annual reports, SQGs must also:

• Notify IDEQ of hazardous waste activity by completing the Notification of Regulated Waste Activity form. Contact DEQ for this form

• Re-notify the state of activity every 4 years by September 1st 

• Waste determination: keep detailed records of how waste determinations are made and keep records for at least 3 years
• Ensure accumulation does not exceed 13,200 lbs or 55 gallons and does not occur for longer than180 days 
• Store hazardous waste in appropriate containers 
• Post emergency contact information and procedures for spill responses
  • Common violations for SQGs in Idaho include failing to post emergency contact information and “no smoking” signage 
• Name an emergency coordinator who is available 24 hours a day to respond to emergencies
• Only use permitted TSDFs 
• Use Uniform Waste Manifests for waste shipments
  • Keep copies of manifests for a minimum of 3 years 
  • Provide land disposal restrictions (LDR) for each waste shipment

Large Quantity Generator (LQG) Requirements

LQGs generate 2,200 lbs or more of hazardous waste or more than 2.2 lbs of acutely hazardous waste per month. LQGs are required to submit annual hazardous waste reports to the state. In addition to reporting requirements, LQGs must also:

• Notify IDEQ of hazardous waste activity by completing the Notification of Regulated Waste Activity form through RCRAIndo

• Renotify annually by January 31 (done as part of the annual report)
• Waste determination: keep detailed records of how waste determinations are made
• Not store waste on-site for more than 90 days without a permit 
• Store hazardous waste in appropriate containers 
  • Must conduct weekly inspections of storage areas
• Use the Uniform Hazardous Waste Manifest for all waste shipments
  • Use the EPA e-Manifest System
• Develop and maintain a contingency plan addressing emergency response procedure
  • Provide copies to local emergency responders 
  • Develop a quick reference guide for the contingency plan. Submit the guide to emergency responders as well
• Provide formal training to all employees on hazardous waste handling and emergency response within 6 months of hire 
  • Maintain training records for 3 years
• Submit an annual hazardous waste report (AR) to IDEQ via paper or online through IDEQ portal
• Submit federal biennial hazardous waste reports every 2 years
• Submit a Land Disposal Restriction (LDR) Notification with each waste shipment

Examples of Facilities Subject to Waste Reporting

Below are some examples of Idaho facilities and the wastes generated that would likely trigger the need to submit a hazardous waste report: 

• Manufacturing Facilities: wastes such as solvents and degreasers, paint wastes, and metal-containing wastes
• Automotive Industries: Facilities such as vehicle repair shops and manufacturers that generate wastes such as used oil (if mixed with hazardous waste), spent cleaning solutions, and fuel waste
• Chemical Manufacturing Plants: Facilities such as fertilizer manufacturers, pharmaceutical production plants, and pesticide manufacturers that generate wastes such as discarded chemicals, spent acids, sodium hydroxide solutions, and pharmaceutical compounds (ex: U-listed wastes)
• Universities and Research Institutions: Wastes such as expired or unused laboratory chemicals, solvent mixtures, or reactive wastes from chemical reactions.
• Food Processing Plants: generate wastes such as refrigerates, ammonia, and caustic cleaning agents

Hazardous Waste Manifest Requirements for Idaho Facilities

All shipments of hazardous waste must use hazardous waste manifests for waste shipments. All shipments must use the federal Uniform Hazardous Waste Manifest (EPA Form 8700-22)

Waste manifests must include:

• Generator information including name, address, and EPA ID
• Transporter details including ID numbers and U.S. DOT descriptions
• TSDF information including name, address, and EPA ID
• Waste descriptions
  • Name, hazard class, EPA waste codes, quantities 
• Signatures from generators, transporters, and final receiving facilities
• Emergency response numbers and emergency spill cleanup procedures 

For Generators:

• Idaho does not require manifest copies to be submitted to DEQ
• DEQ requires the use of the federal e-Manifest system for the submission and tracking of manifests

• If paper manifests are used, TSDFs upload the final copy to the e-Manifest system. Generators must be registered with the e-Manifest system and able to access electronic manifests during inspections. Starting January 22, 2025, federal regulations will require all SGQs and LQGs to register for the e-Manifest system
• Paper copies must be stored for at least 3 years

• Exception reporting updates starting January 22, 2025:
  • If a signed copy of the final manifest has not been submitted to e-Manifest within 45 days of acceptance, LQGs must inquire with the TSDF on the status of the waste
  • If a signed copy has not been submitted within 60 days, LQGs and SQGs must submit an exception report with DEQ
    • Starting December 1, 2025, exception reports must be submitted electronically through e-Manifest 

 

For Treatment, Storage, and Disposal Facilities:  

• The UHWM must accompany waste throughout its shipment and treatment process
• Must upload a copy of the signed final manifest to e-Manifest within 35 days. 
  • Generators can access final manifests through RCRAInfo.
• Must maintain copies of manifests for a minimum of 3 years.
• Unmanifested Waste Reports: If a TSDF accepts hazardous waste without a manifest, a report must be submitted to DEQ 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 unmanifested
• 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

• Incomplete or incorrect generator information such as name, address, or EPA ID
• Incorrect waste codes
• Missing signatures
• Improper packaging descriptions
• Illegible handwriting- consider the use of the federal e-Manifest system to avoid this

Idaho Electronic Waste Reporting System (DEQ)

Overview of RCRAInfo

Idaho utilizes the state-based DEQ electronic system for annual reporting. ID 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 DEQ

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

• Go to IDEQ Online and either create a new account or sign in with your existing credentials
  • First-time reporters will need to request access to DEQ at the link above  
• Compile hazardous waste data including waste type, quantities generated, handling methods, shipments, and details about disposal facilities 
• Create a new annual report and complete the necessary information 
  • Facility information: Contact information, location, etc.
  • Waste details:
    • Waste types, quantities, federal waste codes, shipments, treatment methods, waste stored on-site, transporters used, episodic events
• Review and submit your waste reports
  • There are no fees associated with submitted annual reports in ID
  • Once the report has been submitted, print and sign the Idaho Electronic Filing Declaration Form generated by the system
  • Submit the signed form to DEQ via email or mail to:

 hazwaste.reports@deq.idaho.gov or

Idaho Department of Environmental Quality

ATTN: Hazardous Waste Data Analyst

1410 N. Hilton St.

Boise, ID 83706

Deadlines, Timelines RCRA Reporting Frequency

In Idaho, annual hazardous waste reports are due by January 31st each year regarding the information on hazardous wastes generated by the facility in the previous calendar year.

Additional Reporting Requirements (additional waste reports)

In even-numbered years, LQGs and TSDFs in ID are required to submit federal biennial reports to the EPA through RCRAInfo by March 1st. 

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Conduct regular self-audits to ensure that records are accurate, complete, and compliant with current RCRA and Indiana regulations. Consider scheduling quarterly or biannual audits of generation, storage, and shipment records and keep track of deadlines for submissions.
• Implement a centralized storage system to ensure quick access to required documents and records. Documents and records may be requested during compliance audits and inspections and are helpful during the reporting system. Consider electronic storage or digital software for easier access and greater security.

Understand State-Specific Reporting Requirements

Idaho reporting closely mirrors federal reporting requirements. However, ID requires annual reporting for both SQGs and LQGs.

Keep Copies of All Submitted Reports

Make copies of all paper forms and securely store them for a minimum of 3 years to stay in compliance in ID. During inspections, forms, waste determinations, training, records, and more may be requested

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

• Implement a standardized waste tracking system to track waste stream types and quantities
  • Record waste generation at regular intervals (weekly or monthly)
• Conduct regular waste audits to verify the accuracy of waste records
  • Inspect accumulating areas and correct discrepancies
• Establish threshold monitoring alerts
  • Leverage software to send alerts when accumulation totals reach 80-90% of accumulation limits 
    • Take proactive measures to manage waste before exceeding regulatory thresholds 

Failure to Report All Hazardous Wastes

Failing to report all wastes can happen when a facility overlooks smaller waste streams, fails to recognize mixtures of hazardous waste with non-hazardous waste, or relies on outdated waste determination rules. Failing to report all waste can lead to underreporting, misrepresentation 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 recordkeeping

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

Regulations at the state level can change from year to year. Failing to recognize these changes can lead to non-compliance with RCRA reporting. Below are some tips to keep in mind for staying up to date with changing regulations.

Tips:

• Subscribe to regulatory newsletters and alters such as EPA RCRA updates and DEQ newsletters
• Join local environmental organizations
• Utilize compliance software that provides updates on regulatory changes and alerts of issues of noncompliance automatically
• Assign an individual or team responsible for monitoring regulatory changes

Late and Missed Submissions

Ineffective timeline management can lead to late and missed report submissions. Lacking a centralized compliance center, unclear designation of responsibilities, and insufficient training can contribute to missing deadlines. 

Tips:

• Establish a centralized compliance calendar with reporting deadlines
• Use software to track and notify of reporting due dates
• Provide training to ensure employees understand when reports are due and the consequences of missing these deadlines

Penalties for Non-Compliance with RCRA Reporting in Idaho

In Idaho, non-compliance with RCRA reporting requirements can lead to penalties, including fines and civil or criminal enforcement actions. These penalties and fines are enforced by DEQ and the federal EPA. DEQ also issues administrative orders and criminal charges to facilities and operators who violate RCRA. Fines can be based on the severity and frequency of violations, knowledge of the violation, and other factors.

Potential Fines and Legal Consequences

• Failing to submit annual or biennial reports: fines of up to $25,000 per day
• Late submissions of annual reports: 8% per annum calculated from March 1 and a penalty of 5% of total fees due for every 30-day period the report is late
• Operating as a TSDF without a permit: fines of up to $50,000 per day and/or prison time of up to 5 years
• Exceeding storage limits: civil fines of up to $25,000 per day 
• Failing to keep manifests up to date in e-Manifest system: Civil penalties of up to $25,000 per violation