Nebraska RCRA Hazardous Waste Reporting

Nebraska hazardous waste reporting is regulated by the Nebraska Department of Environment and Energy (NDEE). The state program is designed to ensure comprehensive “cradle-to-grave” management of hazardous wastes, protecting both the environment and public health. At the federal level, hazardous waste is governed by the Resource Conservation and Recovery Act (RCRA), and compliance with both state and federal RCRA regulations is mandatory for facilities that generate and manage hazardous waste above specific thresholds. Nebraska has adopted all of the hazardous waste regulations and exemptions established under RCRA, including the biennial reporting requirements, with a few differences in the biennial report structure

Understanding Nebraska Hazardous Waste / RCRA Reporting Requirements

Who Needs to Report?

In Nebraska, all generators that are considered Large Quantity Generators (LQG) in odd-numbered years and Treatment, Storage, and Disposal Facilities (TSDFs) are required to report biennially. In Nebraska, generator categories are the same as federal definitions. A LQG is a facility that:

• Generates 2,200 lbs or more of hazardous waste in a single month, or
• Generated more than 2.2 lbs of acute hazardous waste in a single month, or 
• Generated more than 220 lbs of acute hazardous waste spill residue or soil

Facilities engaged in the following activities must also report biennially:

• Treated, stored, or disposed of RCRA hazardous waste on-site in a waste management unit subject to RCRA permitting requirements

State-Listed Hazardous Waste in Nebraska

• NE does not have any state-specific wastes subject to RCRA manifest and reporting requirements and follows federal waste designations and waste codes.
• A full list of EPA Hazardous Waste codes can be found here

Nebraska Generator Statuses and Requirements

Conditionally Exempt Small Quantity Generators (CESQG) or Very Small Quantity Generators (VSQG) Requirements

Note: While Nebraska has adopted the Federal requirements with VSQGs, they have maintained the CESQG name. Throughout the rest of this document, CESQGs will be identified as VSQGs.

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 must still take steps to ensure compliance, including:

• Waste determination
• Ensure storage does not exceed 2,200 lbs of hazardous waste on-site at any time
• Store hazardous waste in appropriate containers
• Manage waste to minimize risk to human health 
• Keep documents relating to waste determination and shipments 

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 are exempt from state and federal reporting requirements. SQGs must still take steps to ensure compliance, including:

• Register with the EPA using RCRA Subtitle C Site Identification form (EPA Form 8700-12 through myRCRAid) to obtain an EPA number
  • Renotify the state every 4 years by submitting EPA form 8700-12 by September 1. First submissions were due September 2021, and now every 4 years after (thus 2025, 2029 and so forth)
• Waste determination: Keep detailed records of how waste determinations are made
• Ensure storage does not exceed 13,200 lbs or occur for longer than 180 days (270 days if the only TSDF is greater than 200 miles away) 
• Store hazardous waste in appropriate containers 
  • Conduct weekly inspections of tanks and storage containers
  • Use the words “hazardous waste” on all storage containers and a visual reference of the waste’s hazard(s)
  • Label containers with accumulation start dates
• Post emergency contact information and procedures for spill responses
• Provide basic training for employees handling hazardous waste
• Name an emergency coordinator who is available 24 hours a day to respond to emergencies
• Only use permitted TSDFs 
• Use Uniform Hazardous Waste Manifests (UHWM) for waste shipments
  • Use the EPA e-Manifest system
  • Provide Land Disposal Restrictions (LDR) for each waste shipment that will be disposed of in a land-based unit
• Maintain all records for a minimum of 3 years
• As of January 22, 2025: register in RCRAInfo and maintain an account to access the federal e-Manifest system

Large Quantity Generator (LQG) Requirements

LQGs generate more than 2,200 lbs per month of hazardous waste or more than 2.2 lbs per month of acutely hazardous waste. LQGs must submit federal biennial reports to the EPA every 2 years. In addition to reporting requirements, LQGs must:

• Register with the NDEE and obtain an EPA number through MyRCRAid
• 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 and tanks
  • Use the words “hazardous waste” on all storage containers and a visual reference of the waste’s hazard(s)
  • Label containers with accumulation start dates 
• Use the UHWM for all waste shipments
  • Use the EPA e-Manifest System
  • Submit a LDR Notification with each waste shipment that will be disposed of in a land-based unit
• Develop a waste minimization plan
• Develop and maintain a contingency plan addressing emergency response procedure
  • Provide copies to local emergency responders and document arrangements with those emergency responders
  • Develop a Quick Reference Guide (QRG)
• Provide formal training to all employees on hazardous waste handling and emergency response within 6 months of hire 
  • Conduct annual refresher training 
• Submit federal biennial hazardous waste reports in even-numbered years
• Maintain all records for a minimum of 3 years

Examples of Facilities Subject to Waste Reporting

This is a list of common facilities in Nebraska and the waste generated that would likely require the submission of a biennial waste report:

• Agricultural and fertilizer facilities: Acutely hazardous pesticides and their containers, ignitable pesticide formulations
• Healthcare Facilities: Acutely hazardous pharmaceuticals, mercury-containing waste from medical devices, expired or unused chemicals such as formaldehyde, corrosive cleaning agents used for sterilization
• Energy and Utility facilities: Mercury-containing waste, lead waste from batteries and transformers, ignitable waste from field storage and handling
• Petroleum refineries and oil distribution facilities: Ignitable waste from fuel storage and handling, benzene-contaminated waste from refining, petroleum sludge, and wastewater treatment sludges
• Aerospace and aviation maintenance facilities: Ignitable solvents used in aircraft maintenance, chromium waste from metal treatment and repairs, spent solvents from degreasing and surface preparation

Hazardous Waste Manifest Requirements for Nebraska 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, or UHWM)

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:

• Nebraska 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 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 NDEE
    • 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 NDEE 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 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 NDEE detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue.  By December 1, 2025, discrepancy reports must be submitted to e-Manifest within 20 days of the incident.

Common Manifest Errors

• Missing information: EPA ID numbers, container counts, and waste codes
• Inaccurate information: Transposed numbers, incorrect dates, incorrect units of measure for waste quantities.
• Incorrect waste codes 
• Failure to include LDRs, when needed
• Failure to maintain copies: Final manifests must be maintained as paper or electronic copies in the e-Manifest system. Facilities may be required to provide copies of manifests during inspections or demonstrate the ability to access the federal e-Manifest system
  • Starting January 22, 2025, all SQGs and LQGs will be required to register with the federal e-Manifest system

 

Nebraska Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

In Nebraska, the RCRAInfo system serves as the primary platform for submitting biennial hazardous waste reports, ensuring alignment with federal RCRA requirements. This electronic system streamlines reporting by enabling facilities to accurately track hazardous waste generation, storage, and management. RCRAInfo’s standardized format simplifies compliance and reduces errors, while electronic submissions improve efficiency and provide real-time access to critical data for regulatory oversight and emergency planning.

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 biennial reporting module 
• Compile hazardous waste data including waste type, quantities generated, handling methods, shipments, and details about disposal facilities 
• Complete the necessary forms (Federal Form 8700-12, 8700- 13 a/b)
  • Site ID Form: Provides contact information and a summary of waste activities for the previous year. This form is required for all facilities, regardless of generator status
    • In Nebraska, the following sections of the Site ID form are not required. They may not be automatically grayed out, but can be skipped: Sec. 10C, Sec. 11C, Sec. 11D, Sec. 12, Sec. 13, Sec. 14, and Sec. 15
  •  Off-site Identification (OI) Form: This form must be submitted for all off-site receiving facilities that:
    • Shipped away waste that was on a UHWM
    • Generated special waste, regardless of generator status
    • Received waste from off-site
  • Generation and Management (GM) Form for each waste stream: Describes waste streams generated and how the waste is managed. 
    • Provide federal waste codes, source codes, management methods, waste minimization codes, and waste quantities for each
  • Waste Received (WR) Form: If the facility received RCRA hazardous waste from off-site sources 
• Review and submit your waste reports
  • There are no fees associated with submitting biennial reports in Nebraska

Deadlines Timelines RCRA Reporting Frequency

Biennial Reporting Deadline

Biennial reports are due by March 1st of every even number year regarding information from the previous year

Additional Reporting Requirements (additional waste reports)

Episodic Generation: Nebraska has not yet adopted the episodic generation events into their regulations.

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 Nebraska regulations. Consider scheduling quarterly or semi-annual audits of generation, storage, and shipment records and keep track of deadlines for submissions

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 Nebraska. During inspections, 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

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:

• Implement a waste-tracking system 
  • Consider the use of software tools to automate waste tracking and calculate quantities accurately 
• Conduct regular waste audits monthly or quarterly  
• Standardize reporting processes through the use of standardized checklists, assigned team members, or the use of technology

Failure to Report All Hazardous Wastes

Failing to report all hazardous waste often results from misidentification or underclassification of waste streams. This may occur when facilities overlook smaller or infrequent waste streams, fail to account for mixtures of hazardous and non-hazardous waste, or rely on outdated waste determination practices. Such omissions can lead to underreporting, inaccurate generator classification, and serious compliance violations

Tips:

• Conduct thorough waste audits of waste streams, process changes, and all departments
• Ensure employees are trained annually on hazardous waste identification and classification
• Integrate technology to track waste generation, quantities, and classifications in real time 

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

Failing to keep up with changes in regulations can be due to several 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 NDEE

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 Nebraska-Specific Waste Regulations

Failing to understand the differences between federal RCRA requirements and Nebraska-specific rules can lead to non-compliance at the state level.

Tips to avoid non-compliance at the state level:

• Regularly review Nebraska-specific regulations by consulting the NDEE or environmental compliance experts in the state
• Train employees on Nebraska and federal 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 Nebraska

Potential Fines and Legal Consequences

In Nebraska, 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 NDEE and the federal EPA. Nebraska 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 biennial reports
• Operating as a TSDF without a permit
• Exceeding storage limits 
• Failing to keep manifests up to date in e-Manifest system

 

Disclaimer: Every effort has been made to ensure the accuracy of the information herein. If you have further questions, we encourage you to reach out to a compliance expert or the regulating body for the jurisdiction in which you operate.