Alabama RCRA Hazardous Waste Reporting

Alabama hazardous waste reporting is regulated by the Alabama Department of Environmental Management (ADEM). The goal of the state program is to provide “cradle to grave” management of hazardous wastes to ensure the protection of the environment and human health. Federally, hazardous waste is regulated under the Resource Conservation and Recovery Act (RCRA). Compliance with state and federal RCRA regulations is required for facilities that generate and dispose of hazardous waste at certain thresholds. At the federal level, RCRA requires a biennial report to be submitted by large quantity generators of hazardous waste. Alabama has adopted most of the hazardous waste regulations provided under RCRA, including biennial reporting for LQGs. However, Alabama has implemented additional regulations beyond the federal requirements, such as annual notification requirements.

Understanding Alabama Hazardous Waste / RCRA Reporting Requirements

Who Needs to Report?

In Alabama, generators and treatment facilities are required to report their hazardous waste activities. Reporting requirements are based on generation quantities. Facilities have to submit annual notifications or biennial reports to the state if they generate wastes at or above certain thresholds (below). 

• Very Small Quantity Generators (VSQGs):
  • Generate less than 220 lbs of hazardous waste per month
  • Must submit ADEM Form 8700-12 annually to the state
• Small Quantity Generators (SQGs):
  • Generate 220 lbs or more of hazardous waste and less than 2.2 lbs of acutely hazardous waste in any single month
  • Must submit ADEM Form 8700-12 annually to the state 
• Large Quantity Generators (LQGs):
  • Generate 2,200 lbs or more of hazardous waste or 2.2 lbs or more of acutely hazardous waste must report annually 
  • Must submit federal biennial reports via RCRAInfo in even-numbered years
  • Must submit ADEM Form 8700-12 in odd-numbered years (when not submitting biennial reports)
• Any permitted Treatment, storage, or disposal facility (TSDFs) must submit biennial reports via RCRAInfo every 2 years, and ADEM Form 8700-12 in non-RCRA reporting years

State-Listed Hazardous Waste in Alabama 

Alabama does not have any state-specific wastes subject to RCRA manifest and reporting requirements and follows federal waste designations and waste codes. Alabama has also adopted all EPA rules exempting or excluding wastes from RCRA manifest regulations.

A full list of EPA Hazardous Waste codes can be found here.

Alabama 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 federal reporting requirements. In AL, VSQGs with an active EPA ID must submit ADEM Form 8700-12 annually to maintain an active status. VSQGs are not required to have an EPA ID. VSQGs must also 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
• Only use permitted TSDFs or consolidate waste with a registered LQG
  • Must have approval from ADEM for waste disposal prior to transporting waste to a commercial disposal facility in AL (ADEM Form 278)
• Manage waste to minimize risk to human health 

Small Quantity Generator (SQG) Requirements

SQGs generate greater than 220 and less than 2,200 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. SQGs in Alabama must submit annual waste reports. SQGs must:

• Register with ADEM using ADEM Form 8700-12 to obtain an EPA number
  • Submit an annual re-notification using this form
• Waste determination: Keep detailed records of how waste determinations are made and keep records for at least 3 years
• Ensure storage does not exceed 13,200 lbs or occur for longer than 180 days 
• Store hazardous waste in appropriate containers
  • Must complete weekly inspections of storage areas 
• Post emergency contact information and procedures for spill responses
• Attempt and document arrangements with local emergency responders for spill response
• Name an emergency coordinator who is available 24 hours a day to respond to emergencies
• Provide formal training to all employees on hazardous waste handling and emergency response within 6 months of hire 
  • Maintain training records for 3 years
• Only use permitted TSDFs 
  • Must have approval from ADEM for waste disposal prior to transporting waste to a commercial disposal facility in AL (ADEM Form 278)
• 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 that will be disposed of in a land-based unit

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:

• Register with the ADEM using ADEM Form 8700-12 to obtain an EPA number
  • Submit an annual re-notification using this form in odd-numbered years
• 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
  • Must have approval from ADEM for waste disposal before transporting waste to a commercial disposal facility in AL (ADEM Form 278)
• Develop and maintain a contingency plan addressing emergency response procedure
  • Provide copies to local emergency responders 
• 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 federal biennial hazardous waste reports in even-numbered years
• Submit a Land Disposal Restriction (LDR) Notification with each waste shipment that will be disposed of in a land-based unit 

Examples of Facilities Subject to Waste Reporting

• Oil refineries: benzene-contaminated wastes, oily slides, spent hydrocarbon catalysis with heavy metals 
• Automotive manufacturing plants: paint booth sludges with volatile organic compounds, solvent-contaminated rags and wipes, waste oils and lubricants 
• Research laboratories: pharmaceutical manufacturing residues, spent solvents used for synthesis, ignitable wastes
• Universities and educational institutions: laboratory waste chemicals, P- and U- listed expired chemicals, mercury-containing equipment waste 
• Aerospace manufacturing: chromate-containing waste from surface treatment, VOC-contaminated paint booth residues, ignitable adhesives and coatings

Hazardous Waste Manifest Requirements for Alabama 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:

• Alabama does not require manifest copies to be submitted to ADEM
• AL 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 ADEM
    • 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 ADEM 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 ADEM detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue.  By December 1, 2025, discrepancy reports must be submitted to 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

Alabama Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

Alabama utilizes the federal RCRAInfo system for biennial RCRA reports.  Alabama requires electronic reporting to ensure a unified, standardized platform that is accessible to all authorized agencies across the state. 

How to Submit an Annual Re-Notification in Alabama

In Alabama, VSQGs with an active EPA ID, all SQGs, and LQGs in non-biennial reporting years must submit an annual re-notification of hazardous waste activities to ADEM. Form 8700-12 is used to re-notify the state to ensure AL has up-to-date information on hazardous wastes generated and stored at facilities. Annual re-notifications can be submitted electronically through the state-based ADEM e-Permit service or by mail. Here are the key steps for submitting ADEM Form 8700-12 within the state:

• Obtain ADEM Form 8700-12 
• Complete the form 
  • Section I: EPA ID Number
  • Section II: Name, location, and address of the facility
  • Section III: Generator status
  • Section IV: details on types of waste generated, including types, quantities, and waste codes
  • Section V: Sign and date to certify the information is accurate
• Submit electronically or mail the completed form to: 
  • Alabama Department of Environmental Management Land Division P. O. Box 301463 Montgomery, AL 36130-1463`
  • Deadlines for re-notification are based on the county where the facility is located
• The notification will not be considered complete until the generator has also paid the fee associated with their generator status. If submitting by mail, this can be done by check or online. If submitting through RCRAinfo, EPA links to ADEM’s online payment system which is the same way as paying online with your mail submittal
  • Generators pay $180, other waste activities may carry additional fees

How to Submit a Biennial 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 the reporting year:
  • Odd-numbered years: Use the Annual Report Module
  • Even-numbered years: Use the Biennial Report 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.
  • Off-site identification form (OI) form: This form must be submitted for all off-site receiving facilities who:
    • Shipped away waste that was on a UHWM
    • Generated special waste, regardless of generator status
    • Received waste from off-site
    • Had a planned or unplanned episodic event
  • 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 method codes, waste minimization codes, and waste quantities for each waste stream
• Review and submit your waste reports
  • There are no fees associated with submitted biennial reports in AL

Deadlines, Timelines RCRA Reporting Frequency

Annual Reporting Deadline

Due dates for annual re-notification forms are determined by a specified month schedule which assigns each facility a specific month based on the county where the facility is located. The monthly schedule for the purposes of the annual submission of ADEM Form 8700-12 is:

• February 15th: Colbert, Fayette, Franklin, Greene, Hale, Lamar, Lauderdale, Lawrence, Limestone, Marion, Morgan, Pickens, Sumter, Tuscaloosa, Walker, and Winston counties
• April 15th: Blount, Cherokee, Cullman, DeKalb, Etowah, Jackson, Madison, Marshall, and St. Clair counties
• June 15th: Jefferson county
• August 15th: Calhoun, Chambers, Clay, Cleburne, Coosa, Elmore, Lee, Macon, Montgomery, Randolph, Shelby, Talladega, and Tallapoosa counties 
• October 15th: Autauga, Baldwin, Barbour, Bibb,
• Bullock, Butler, Chilton, Choctaw, Clarke, Coffee, Conecuh, Covington, Crenshaw, Dale, Dallas, Escambia, Geneva, Henry, Houston, Lowndes, Marengo, Monroe, Perry, Pike, Russell, Washington, and Wilcox counties
• December 15th: Mobile County

Biennial Reporting Deadline

In Alabama, biennial hazardous waste reports for LQGs are due by March 1st each even-numbered year to RCRAInfo regarding information on hazardous wastes generated by the facility in the previous calendar year.

Additional Reporting Requirements (additional waste reports)

Episodic generation reporting: A VSQG or SQG is granted 1 planned or unplanned episodic generation event. Additional events may be petitioned to ADEM via myRCRAid (within the RCRAinfo application). ADEM requires detailed reporting for episodic events. More information on timeframes and instructions to report events can be found here 

Used Oil Re-notification: Used oil generators who generate an average of greater than 25 gallons of oil per month must obtain an EPA ID and re-notify annually (this can be done using the 8700-12 form for generator re-notification requirements).

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 Alabama 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

Alabama reporting closely mirrors federal reporting requirements. However, AL has a few key differences from federal reporting requirements. For example, in AL, LQGs, SQGs and VSQGs with active EPA ID numbers are required to re-notify annually through the state

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 AL. 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 over-reporting 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 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 state agencies, such as ADEM. 

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 Alabama-Specific Waste Regulations

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

Tips to avoid non-compliance at the state level:

• Regularly review Alabama-specific regulations by consulting the ADEM or environmental compliance experts in the state
• Train employees on Alabama 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 Alabama 

Potential Fines and Legal Consequences

In Alabama, 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 ADEM and the federal EPA. ADEM 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