Montana RCRA Hazardous Waste Reporting
The management and reporting of hazardous waste in Montana 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 Montana, hazardous waste is regulated by the Montana 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 DEQ each year by March 1st. Submission of the annual report in MT satisfies the federal reporting requirements.
Understanding Montana Hazardous Waste/ RCRA Reporting Requirements
Who Needs to Report?
Any facility that engages in certain hazardous waste activities or generates hazardous waste at or above certain thresholds (below) must submit an annual report to DEQ. These reports include information about the types and amounts of hazardous waste generated, managed, and/or shipped during the previous calendar year. Facilities must report if it:
- Transported hazardous waste in any amount
- Is a treatment, storage, recycling, or disposal facility
- Generated more than 220 lbs of hazardous waste in any calendar month
- MT requires RCRA Small Quantity Generators (SQGs) and Large Quantity Generators (LQGs) to report annually. Annual reports from LQGs submitted to DEQ will be used to satisfy federal biennial reporting requirements.
- Accumulated more than 2,200 lbs of hazardous waste on-site at any time during the year
- Generated or accumulated more than 2.2lbs of acute hazardous waste
- Accumulated more than 13,227 lbs of hazardous waste
- If the facility experienced an episodic hazardous waste-generating event but did not ship waste off-site within 60 days or did not submit an episodic report with DEQ, then the facility must complete an annual report based on the updated generator category
State-Listed Hazardous Waste in Montana
Montana does not have state-specific wastes or waste codes subject to RCRA reporting. Montana has adopted all federal waste categories and codes defined by the EPA.
A full list of all EPA waste codes is available here
Montana Generator Statuses and Requirements
Very Small Quantity Generators (VSQG) Requirements
VSQGs are facilities that generate no more than 100 kg (220 lbs) of hazardous waste or 1 kg (2.2 lbs) of acutely hazardous waste in any given month and in Montana, VSQGs are not required to submit annual reports.
VSQGs still have requirements to ensure compliance, including:
- Complete and submit Part I of the annual report to obtain an EPA ID
- Must identify all hazardous waste generated
- Ensure storage does not exceed 2,200 lbs of hazardous waste on-site at any time
- Use regulated transporters
- Dispose of hazardous waste only at legitimate recycling facilities, or a Class II landfill (may treat, recycle, or reclaim waste on-site)
- DEQ recommendations, but not requirements, for VSQGs:
- Label hazardous waste containers with the words “Hazardous waste” and the start date of accumulation
- Keep records to ensure compliance. Include quantities of waste generated per month, EPA codes, and disposal locations
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 in any given month. In MT, SQGs are required to submit annual reports and abide by the following requirements:
- Obtain an EPA ID and register with DEQ and pay a registration fee of $270.00
- Manage waste onsite properly, including:
- Safe storage
- Accurate labeling: include the words “hazardous waste” on waste containers
- Weekly inspections of hazardous waste storage areas
- Accident prevention
- Not allowing accumulation to exceed 13,200 lbs at one time or occur for more than 180 days without a permit
- 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 your facility
- Conduct basic employee training for employees handling hazardous waste
- Only use a permitted TSDF or recycler
- Use the Uniform Hazardous Waste Manifest (UHWM) system for waste shipments
- Maintain records for a minimum of 3 years
- Submit annual reports to DEQ by March 1 each year
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 in any given month. In MT, LQGs are required to submit annual reports and abide by the following requirements:
- Obtain an EPA ID and register with DEQ
- Pay a registration fee of $270.00
- Manage waste onsite properly, including:
- Safe storage
- Accurate labeling: include the words “hazardous waste” on waste containers
- Weekly inspections of hazardous waste storage areas
- Accident prevention
- Not allowing accumulation to occur for more than 90 days without a permit
- Must have a formal contingency plan with a designated emergency coordinator. The plan must include contact information, procedures for spills or other emergencies, a list of emergency equipment with locations, and evacuation routes for your facility
- Contingency plans must be on file with local emergency response agencies, including fire and police departments and hospitals
- Conduct formal employee training for employees handling hazardous waste within 6 months of hire
- Only use a permitted TSDF or recycler
- Use the Uniform Hazardous Waste Manifest (UHWM) system for waste shipments
- Maintain records for a minimum of 3 years
- Submit annual reports to DEQ by March 1 each year
Examples of Facilities Subject to Waste Reporting
Here are some examples of facilities and the wastes generated that would likely need to submit a RCRA report in Montana:
- Mining operations: wastewater treatment sludges, heavy metal-contaminated soil, spent solvents and lubricants, cyanide-containing waste from gold extraction, and acid mine drainage
- Oil and gas production facilities: drilling muds and brine, contaminated soil, process wastewater contaminated with hazardous materials, spent catalysts and filters
- Agricultural chemical manufacturers and distributors: pesticides and herbicides, solvents and cleaning agents, reactive fertilizer residues, contaminated containers and equipment
- Wood treatment and sawmills: creosote and pentachlorophenol waste, arsenic-containing waste, solvent-contaminated filters, wastewater from wood treatment
- Metal fabrication and machine shops: spent solvents and degreasers, waste paints and coatings, heavy metal dust, hydraulic fluids
- Hospitals and medical facilities: pharmaceuticals, infectious wastes, laboratory solvents, expired chemical reagents, mercury-containing devices
Hazardous Waste Manifest Requirements for Montana Facilities
Montana has adopted all federal standards applicable to hazardous waste tracking, including the use of hazardous waste manifests. MT requires the use of the EPA Uniform Hazardous Waste Manifest for all shipments of hazardous waste by a Small or Large Quantity Generator. Waste manifests may be paper or electronic. Paper copies of manifests must be uploaded to the federal e-Manifest system.
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:
- Montana does not require manifest copies to be submitted to DEQ
- MT encourages 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 SQGs 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, the method of treatment, storage, and disposal, and an explanation of why the waste was unmanifested. By December 1, 2025, unmanifested waste reports must be submitted into e-Manifest within 20 days of accepting the waste.
- 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. By December 1, 2025, discrepancy reports must be submitted into eManifest within 20 days of the incident
Common Manifest Errors
- Incomplete or incorrect generator information
- Improper waste descriptions
- Missing signatures
- Failing to retain copies
- Missing Land Disposal Restriction notifications
Tips to avoid errors in manifests:
- Provide regular training for staff responsible for completing manifests
- Double-check information such as waste codes, DOT names, hazard classes, and ID numbers
- Use the EPA e-Manifest system to reduce paperwork and fix errors quickly
Montana Waste Reporting System
Overview of Waste Reporting in MT
Montana does not utilize the federal RCRAInfo system for biennial RCRA reports or state annual reports. Montana relies on the submission of paper reports via mail or email for annual reporting. Each year, large and small quantity generators of hazardous waste will receive an email with new reporting forms and instructions. The instructions vary based on the generator status. Completion of a paper annual report in MT satisfies the Federal biennial reporting requirement for LGQs. In addition to emailed forms, forms are also available on Montana’s DEQ website. These forms may be submitted via mail or email and are due by March 1st each year.
How to Submit a Hazardous Waste Report in Montana
Below are the instructions for submitting a hazardous waste report as a large or small quantity generator in MT for the reporting year 2024. Detailed reporting instructions can also be found here
- Access reporting forms sent via email or online
- Compile hazardous waste data including waste manifests, records of waste generation quantities, results of laboratory tests and determinations, contracts or agreements, information about TSDFs used, copies of permits, etc.
- Complete the following forms and submit them by March 1:
- Part I: generator information
- Reason for submittal, EPA ID number, address, land type, NAICS codes, site owner, site operator, type of regulated activity, and federal waste codes
- Part II: Waste Identification
- Each RCRA waste stream generated should be reported in this section. Information reported in this section includes waste descriptions, waste codes, quantities generated, waste minimization codes, receiving facilities, quantities of wastes shipped, and any comments regarding waste
- Pay the Annual Hazardous Waste Generator Registration Maintenance Fee of $240.00 through Montana Online Payment Portal
- Submit completed reports to DEQHazWaste@mt.gov or
Waste Management Bureau
Hazardous Waste Program
P.O. Box 200901
Helena, MT 59620-0901
Deadlines, Timelines RCRA Reporting Frequency
Annual Reporting Deadline
Annual 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)
Episodic generation: MT allows for one planned or unplanned episodic event that would cause a facility to temporarily increase its generator status. Facilities experiencing an episodic event must notify DEQ via the electronic myRCRAid system no later than 30 days before a planned event or 72 hours after an unplanned event. Episodic generation will experience a $150 notification fee
Tips for Effective RCRA Reporting
Maintain Continuous Records
- 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.
- 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.
Understand State-Specific Reporting Requirements
Montana reporting closely mirrors federal reporting requirements. However, MT has a few key differences from federal reporting requirements. These differences include:
- In MT, LQGs and SQGs are required to submit annually
- Reports are not done through RCRAInfo
- Generators have annual fees due each year with the annual report
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 MT. Forms, waste determinations, training, records, and more may be requested during compliance inspections.
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 large quantity generator status and overreporting due to data management errors
Tips:
- Use standardized tracking systems
- Consider electronic tracking or digital software to automatically calculate quantities based on generation and shipments
- conduct regular audits of waste totals
- Use accurate container labels
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 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
- 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 state agencies, such as DEQ
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
Lack of Compliance with Montana-Specific Waste Regulations
Failing to understand the differences between federal RCRA requirements and Montana-specific rules can lead to non-compliance at the state level.
Tips to avoid non-compliance at the state level:
- Regularly review Montana-specific regulations by consulting the DEQ or environmental compliance experts in the state
- Train employees on Montana requirements
- Consider digital waste tracking and reporting software that supports state-specific monitoring
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 Montana
Potential Fines and Legal Consequences
In Montana, 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. As of January 8th, 2025, the maximum penalty for a RCRA violation is $93,058 per violation per day. The EPA is likely to increase this maximum penalty each year.
Common penalties include:
- Failing to submit annual or biennial reports
- 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
- Exceeding storage limits
- Failing to keep manifests up to date in e-Manifest system
