Colorado RCRA Hazardous Waste Reporting

In Colorado, hazardous waste is regulated by the Colorado Solid and Hazardous Waste Commission under the Department of Public Health & Environment (CDPHE). Federally, the Resource Conservation and Recovery Act (RCRA) governs the management of hazardous and non-hazardous solid waste. Regulating hazardous waste from generation through disposal provides “cradle to grave” tracking of waste in a way that minimizes environmental contamination and reduces risks associated with improper waste management Compliance with RCRA in Colorado is critical to protecting public health and preserving the environment. Facilities in Colorado generating hazardous waste must follow both federal and state regulations. State regulations in Colorado are more stringent than federal regulations, including strict waste management standards and more detailed reporting requirements for small quantity generators.

Understanding Colorado Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

All large quantity generators (LQG) must submit federal biennial reports every 2 years in Colorado. Generator categories in CO follow federal definitions, meaning a LQG:

State-Listed Hazardous Waste in Colorado

Colorado does not have state-specific wastes or waste codes subject to RCRA reporting. CO has adopted all federal waste categories and codes defined by the EPA. 

• CO has stricter requirements for P and U-listed wastes in commercial chemical products. All P and U list waste codes apply to a formulation containing more than one active ingredient when those ingredients appear on the P or U list and the material will be discarded

A full list of all EPA waste codes is available here

Colorado Generator Statuses and Requirements

Very Small Quantity Generators (VSQG) Requirements

VSQGs generate 220 lbs or less of non-acute hazardous waste, and less than 2.2 lbs of acute hazardous waste per month. VSQGs are exempt from federal reporting requirements, but still have compliance requirements in CO, including:

• Conduct waste determinations for all wastes generated 
• Complete and submit a self-certification checklist if notified by CDPHE
• Not accumulate more than 2,200 lbs of hazardous waste or 2.2 lbs of acutely hazardous waste on-site at any time
• Treat hazardous waste on-site or ensure delivery to a permitted TSDF, VSQG collection facility, or LQG for consolidation
  • Manifests are not required for waste shipments but are recommended 
  • CO does not allow for VSQGs to dispose of waste on-site 
• Operate in a manner that minimizes the risk of fire, explosion, or release of hazardous waste
• VSQGs generating three gallons or more in a calendar year of used solvents associated with waste codes F001, F002, F004, and/or F005 have additional requirements:
  • Obtain an EPA ID using EPA Form 8700-12
  • Re-notify the state using EPA Form 8700-12 every 4 years by September 1
  • Pay hazardous waste generator fees

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 CO, SQGs are required to abide by the following requirements:

• Notify the state using EPA Site ID Form 8700-12 through MyRCRAid or by mail 
  • Renotify with the state every 4 years by September 1st
• Conduct waste determinations for all wastes generated 
  • Keep records of determinations for a minimum of 3 years
• Manage waste onsite properly, including:
  • Safe storage
  • Accurate labeling: include the words “hazardous waste” and waste codes 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 
    • Acute hazardous waste accumulation cannot exceed 2.2 lbs
• Pay annual generator fees and the annual Colorado Solid and Hazardous Waste Commission fee
• Provide general training to all employees handling and documenting hazardous waste on emergencies, waste determinations, container management, and recordkeeping
• Have a named emergency coordinator who is available to respond 24 hours a day
• Have a basic emergency response plan 
  • Attempt to make arrangements with local emergency response agencies detailing information about hazardous wastes on-site 
• Use the Uniform Hazardous Waste Manifest (UHWM) system for waste shipments 
  • Submit land disposal restrictions with all shipments to TSDFs 
• Complete and submit a self-certification checklist if notified by the state to do so 

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 CO, LQGs are required to submit biennial reports and abide by the following requirements:

• Notify the state using EPA Site ID Form 8700-12 through MyRCRAid
  • Renotify Renotify with the state every 4 years by September 1st
• Conduct waste determinations for all wastes generated 
  • Keep records of determinations for a minimum of 3 years
• 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 
  • LQGs must identify the fire protection district responsible for their facility in contingency plans
• Conduct formal employee training for employees handling hazardous waste within 6 months of hire
  • In CO, LQGs must provide both on-the-job and classroom/online training 
• 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 
• Pay annual generator fees and the annual Colorado Solid and Hazardous Waste Commission fee
• Submit the federal biennial report by March 1st of every even-numbered year 
  • Keep copies of submitted reports for 3 years

Examples of Facilities Subject to Waste Reporting

Below is a list of common facilities in Colorado and the wastes generated that would likely trigger the need to submit a biennial RCRA report or self-certification.

• Oil and gas facilities: Spent solvent, ignitable wastes, benzene-contaminated waste, chrome from drilling additives
• Aerospace and defense: Ignitable wastes, cadmium from plating processes, spent chlorinated solvents used for cleaning, lead-containing waste from soldering 
• Electronics and Technology manufacturing: Wastewater treatment sludges, corrosive acids and bases, mercury from circuit board production, chromium-containing waste from etching 
• Automotive repair: Spent fuels and solvents, lead from batteries and wheel weights, used solvent-based degreasers and cleaners, wastes contaminated with glycol ethers
• Agriculture facilities: Expired or spilled pesticides, chromium0based waste, spent solvents used in production or cleaning  

Hazardous Waste Manifest Requirements for Colorado Facilities

Colorado has adopted all federal standards applicable to hazardous waste tracking, including the use of hazardous waste manifests. CO 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:

CO 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 CDPHE
    • 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 CDPHE 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 CDPHE 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

• Missing information: including EPA ID numbers, container counts, and state waste codes
• Inaccurate information: Transposed numbers, incorrect dates, incorrect units of measure for waste quantities 
• Mismatched or invalid Manifest Tracking Numbers (MTN)

Colorado Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

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

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

Deadlines, Timelines RCRA Reporting Frequency

Biennial Reporting Deadline

In Colorado, 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: CO requirements for episodic generators are more stringent than federal requirements. In Colorado, facilities are only allowed one episodic event per calendar year. Facilities experiencing an episodic event must:

• Submit EPA Site ID form 8700-12 and the episodic generators addendum 
• Comply with all higher level generator requirements until all waste generated during the event is transported off site 
• Transport all waste generated off site within 60 days of the event 
• Facilities generating waste at the level of an LQG during an odd-numbered year are exempt from biennial reporting requirements
  • If the facility experiences 2 or more events that cause them to operate as an LQG during a reporting year, then they must submit a biennial report 

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

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 CO. 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 large quantity generator 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 CDPHE 

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 Utah-Specific Waste Regulations

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

Tips to avoid non-compliance at the state level:

• Regularly review Utah-specific regulations by consulting the CDPHE or environmental compliance experts in the state
• Train employees on Colorado 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 Colorado

Potential Fines and Legal Consequences

In CO, 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 CDPHE and the federal EPA. Colorado 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 or annual self certifications 
• 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.