California RCRA Hazardous Waste Reporting

Resource Conservation and Recovery Act (RCRA) compliance and reporting in the state of California is required for any facility that treats, stores, disposes of, or generates hazardous wastes that meet or exceed characteristic thresholds. At the federal level, the RCRA requires a submission of a biennial report when generating and disposing hazardous wastes. At the state level, California has mandated additional reporting requirements under the Department of Toxic Substances Control (DTSC). DTSC requires rigorous waste reporting to gather information about hazardous waste generation and disposal to protect human health and the environment from hazardous waste. Facilities who transport, dispose, or store hazardous waste (TSDFs) and facilities who generate hazardous waste above certain thresholds must submit an annual facility report (AFR). CA has also implemented the Hazardous Materials Business Plan (HMBP) program to ensure that businesses dealing with hazardous materials (including waste) have robust emergency response and training plans in place. For a deeper dive on the HMBP program, check out our blog on the topic here. 

 

Understanding California’s Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

• All facilities that generate, store, or transport hazardous wastes at or above established thresholds must complete an annual report with their local Certified Unified Program Agency (CUPA). You must submit a report if:
  • You are considered a RCRA Large Quantity Generator (LQG), meaning your site generated or accumulated: 
    • 1,000 kg or more of non-acute RCRA hazardous waste in a single month or, 
    • 1 kg or more of RCRA acute/extremely hazardous waste in a single month or,
    • More than 100 kg 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
  • You are a TSDF who transported, stored, or disposed of any amount of hazardous waste. All TSDFs who handle hazardous waste at any quantity are required to file an AFR in California.
• Use this chart to help determine if/ what you need to report

Hazardous Waste Manifest Requirements for California Facilities

A Hazardous Waste Manifest is a document that travels with hazardous waste throughout the shipping and treatment process. This document allows regulatory agencies to track waste from its origin to disposal, ensuring correct handling of waste from “cradle to “grave”.  All off-site shipments of hazardous waste in CA must be accompanied by the EPA’s Uniform Hazardous Waste Manifest (EPA Form 8700-22 or UHWM) from generation through disposal. Each party, including the generator, must sign and retain a copy of the manifest.

• Waste manifests must include:
  • State or EPA ID numbers of facilities
  • Generator address 
  • Transporter companies
  • State specific hazardous waste codes
  • Waste descriptions and quantities with U.S. DOT descriptions including container information
  • Signatures from generators, transporters, and receiving facilities
  • Emergency response numbers and emergency spill cleanup procedures
• For Generators:
  • Waste generators must keep an original copy until you receive the signed copy returned from the receiving facility. That copy must be retained for at least 3 years.
  • If a paper manifest is used at any point during waste shipments, the generator MUST mail a copy of the manifest signed by the generator and first transporter to DTSC within 30 days at the address below. This does not apply if the manifest was created and signed electronically at all steps of the waste creation, treatment, and disposal process. 

DTSC Generator Manifests
Department of Toxic Substances Control
P.O. Box 400
Sacramento, CA 95812-0400

If an LQG does not receive a final signed copy from the TSDF within 45 days, they must submit an Exception Report to DTSC and EPA. If an SQG does not receive a final signed copy from the TSDF within 60 days, they must submit an Exception Report to DTSC. Any generator that ships RCRA or Non-RCRA Hazardous Waste by water that does not receive a final signed copy from the TSDF within 90 days, must submit an Exception Report to DTSC.

Facilities handling only DTSC defined Universal Wastes, photographic wastes, or silver only wastes are exempt from manifest requirements.

• For Treatment, Storage, and Disposal Facilities:  
  • TSDFs must submit a copy of all manifests to the U.S. EPA within 30 days of waste delivery
    • Submit electronically through e-Manifest
  • TSDFs must return signed copies of manifests to the generator within 35-45 days of the delivery 
  • Unmanifested Waste Reports: If a TSDF accepts hazardous waste without a manifest, a report must be submitted to DTSC 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. Following December 1, 2025, unmanifest waste reports will have to be submitted in eManifest.
  • 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 DTSC detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue. Following December 1, 2025, discrepancy reports will have to be submitted in eManifest.

 

Common Manifest Errors:

• Incorrect or inactive generator ID number
• Incorrect or inactive transporter ID number
• Failure to verify all information on a printed manifest before shipment
• Incorrect or incomplete container or quantity information
• Incomplete or missing waste codes (note: wastes should only have one CA State waste code)
• Failure to add all signatures and dates
• Submitting an illegible paper copy to e-Manifest 
• Failure of generators to submit Exception Reports 
• Transporters: A single line for each transporter is accepted. Transporter companies may not use multiple lines when the waste stream switches drivers. 
• Errors on manifests may be corrected by sending a manifest correction letter to DTSC (corrections can also be made within eManifest). Sending a letter before DTSC requests a correction will waive your facility of the charge for corrections.

California’s Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

California utilizes the federal RCRAInfo system for biennial RCRA reports and state AFRs. Electronic data storage and state level reporting supports federal RCRA compliance by keeping track of certain waste streams, emergency response plans, employee training, and hazardous waste generation and storage. Facilities required to submit federal biennial reports must also use RCRAInfo to comply with federal reporting requirements. Waste manifests uploaded and stored in RCRAInfo are accessible by fire departments and local agencies through CA. CA 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:

1. Go to https://rcrainfo.epa.gov/rcrainfoprod/action/secured/login and either create a new account or sign in with your existing credentials. 
2. Access the reporting module based on reporting year:
   1. Odd-numbered years: Use Annual Report Module
   2. Even-numbered years: Use Biennial Report Module
3. Compile hazardous waste data including waste type, quantities generated, handling methods, shipments, and details about disposal facilities 
4. Complete all the required forms:
   1. Site Identification (SI) Form: includes facility details such as EPA ID numbers, location, waste activity and contact information
   2. 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
   3. Form CC: Closure and Post-Closure Cost Estimate and Environmental Data Form: provides financial details for closure and post-closure activities. Required for TSDF facilities with active permits or 
   4. Form CO: Ceased Operating as a Permitted or Interim Status Hazardous Waste Required for TSDF facilities that have ceased operations
5. Review and submit your waste reports. Your CUPA may follow up for additional details. There is no fee for submitting an AFR state report.
6. After electronic submission, print, sign and mail in your Form CC or Form CO form to:

Department of Toxic Substances Control
Attn: Annual Facility Reports, MS 11-A
P.O. Box 806
Sacramento, CA 95812-0806 
Or email to BRSStaff@dtsc.ca.gov

 

For more information use this link to access the RCRA reporting requirements in CA.

• Key Points:
  • California does not accept paper report submissions. Paper waste manifests may be used during waste transport, but must be uploaded digitally to RCRAInfo once the waste reaches its final destination. AFR is required for any facility that transports, stores, or disposes of hazardous waste in the state, while federal reporting is required for facilities that handle hazardous waste at LQG thresholds. Both reports are submitted through RCRAInfo.

Deadlines,Timelines RCRA Reporting Frequency

Annual Reporting Deadline

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

 

Additional Reporting Requirements (additional waste reports)

In California there are additional waste reporting requirements beyond just the biennial report:

• HMBP: California requires businesses that handle hazardous materials at certain thresholds to submit a HMBP. Hazardous waste counts towards these thresholds in CA, so you may be required to submit both an AFR/Biennial Report and a HMBP. For more information about HMBP in CA, read this blog.
• Toxic Release Inventory: Facilities handling certain toxic chemicals must submit reports of where those chemicals were disposed of if they exceed usage thresholds.
• Episodic Generation exemptions: As of 2024, CA has NOT adopted the federal Hazardous Waste Generator Improvements Rule which allows for temporary increases in waste generation without losing generator status. Therefore, any increases in waste that cause your facility to increase the limits for your generator category require updated reporting. Notification requirements vary by county, so check with your local CUPA in the event of waste quantity changes within 30 days for reporting requirements. 

 

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. This is especially important because CA does not allow for episodic generation exemptions. 

Continuously and thoroughly recording waste can help ensure your data is accurate and ready to go when the March 1st 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

• California requires all TSDFs to report their hazardous waste activities each year.
• California also has specific state-defined hazardous wastes that must be included in both state AFR and federal RCRA reports.
• Unlike other states, hazardous waste is included in hazardous material quantities, and may have to be included as part of your facilities HMBP.
• State specific forms: 
  • Form CO and/or Form CC are not included on RCRAInfo, but are required each year by mail or email in California.
    

Keep Copies of All Submitted Reports

Once your facility has passed the validation checks, you can export data as a PDF, CSV, or Excel file with these steps:

1. Log into 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 large quantity generator status and overreporting due to data management errors

Tips:

• Create standardized reporting checklists to ensure accurate information
• Maintain up to date and accurate logs of waste generation and disposal all year long
• Use software tools for tracking hazardous wastes

Failure to Report All Hazardous Wastes

Omitting certain waste types can happen unintentionally due to a variety of factors such as a lack of understanding CA regulations, incorrectly identifying wastes as non-hazardous, failure to assign correct waste codes, or failure to report wastes that are otherwise federally-exempted such as forgetting to include used oil filters, etc.

Tips: 

• Conduct regular waste assessments to ensure proper classification
• Verify waste information with waste disposal facilities 
• Consult your local CUPA for specific regulations and criteria 

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

Errors in reporting can occur when regulations change and you are not aware. Using technology can be a powerful tool to stay informed of ever evolving regulations. 

Tips: 

• Stay informed: subscribe to updates from CA DTSC to keep up to date of any deadlines 
• Join county and state EHS associations to stay up to date about regulatory changes

Lack of Compliance with California-Specific Waste Regulations

The following may cause a facility or organization to be out of compliance in California:

• Not notifying authorities when changes in your waste generator status can lead to violations in CA as they do not allow for episodic generation exemptions
• Failure to apply state-specific waste codes
• Failing to complete the annual Verification Questionnaire for hazardous waste ID numbers

Tips:

• Monitor your waste totals monthly 
• Promptly notify DTSC if there are changes in your waste generation
• Regular refer to California Code of Regulations Title 22 for state specific hazardous waste regulations

Late and Missed Submissions

Failing to submit reports on time can occur each year, especially the March 1st deadline for annual reporting requirements in odd numbered years

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 California

Potential Fines and Legal Consequences

Non-compliance in California can lead to penalties, including civil and criminal fines. Penalties and fines are imposed by the DTSC and based on the nature, extent, gravity, and circumstances of the violation. Fines are typically applied as a percentage of the total fee amount owed.

• For example:
  • Late submissions incur penalties as a function of their total fee owed, such as: 
    • Fines of 10% within 30 days, 25% after 30 days, and 100% after 90 days.
  • Omitting hazardous waste information from your AFR can result in large penalties, up to $70,000 per violation, per day
  • Wilful or knowing non-compliance: 300% fine if information about waste was withheld intentionally to stay compliant.
  • Most common fines in CA:
    • Used oil filters management: failing to drain filters
    • Failure to maintain EPA ID
  • Fines can be imposed by both the state and the EPA at the same time
  • Criminal and civil penalties for mishandling hazardous waste can include fines, legal fees, and jail time.

Here are some examples in California that demonstrate the importance of Waste reporting:

• Department store franchise was fined $7.5 million in October 2024 in CA for improper hazardous waste disposal
• A car dealership was fined $290,000 after an inspection revealed improper waste disposal
• An individual who was transporting hazardous waste without proper permits and reporting was sentenced to 120 days in jail, 3 years probation, $228,000 in restitution, and a criminal fine of $7,500.