Georgia RCRA Hazardous Waste Reporting

In Georgia, hazardous waste is managed by the Hazardous Waste Management Programs of the Environmental Protection Division (EPD). At the federal level, hazardous waste is managed by the EPA. The Resource Conservation and Recovery Act (RCRA) is a U.S. federal law designed to ensure that both solid and hazardous waste is managed in a way that protects human health and the environment. The RCRA framework is critical because it emphasizes that businesses are legally responsible for generated waste throughout their lifecycle. Compliance with state and federal RCRA regulations is critical for businesses because failure to meet its standards can lead to severe fines and legal penalties. In Georgia, hazardous waste reporting requirements closely mirror the federal requirements, with a few additional regulations. 

Understanding Georgia Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

In Georgia, all large quantity generators and treatment, storage, and disposal facilities (TSDFs) are required to report biennially. In GA, generator categories are the same as federal definitions. A large quantity generator (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

State-Listed Hazardous Waste in Georgia

• Georgia 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-listed hazardous waste can be found here

Georgia 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 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 

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 the RCRA Subtitle C Site Identification form (EPA Form 8700-12) to obtain an EPA number
  • Renotify the state every 4 years by submitting EPA form 8700-12 by September 1 
• 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 than180 days 
• Store hazardous waste in appropriate containers 
• 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 Waste Manifests for waste shipments
  • Keep copies of manifests for a minimum of 3 years 
  • Provide land disposal restrictions (LDR) for each waste shipment
• Maintain records for a minimum of 3 years
• Starting January 22, 2025: register in RCRAInfo and maintain an account to access the federal e-Manifest system

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 biennial hazardous waste reports through RCRAInfo every 2 years. In addition to reporting requirements, LQGs must also:

• Register with the EPA using RCRA Subtitle C Site Identification form (EPA Form 8700-12) to receive an EPA ID
• 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 shipment s
  • Use the EPA e-Manifest System
• 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 a Land Disposal Restriction (LDR) Notification with each waste shipment
• Submit a Waste Reduction Plan to the state biannually by March 1 

Examples of Facilities Subject to Waste Reporting

The following is a list of common facilities in Georgia and the types of waste they generate that would likely trigger the need to submit a RCRA report:

• Automotive manufacturing: flammable paint waste and thinners, chromium-containing waste from plating operations, spent solvents, lead from battery recycling
• Food processing facilities: corrosive cleaning agents, chromium waste from cooling systems, reactive wastes from sanitizers
• Pulp and paper mills: corrosive chemicals used in bleaching, benzene-contaminated waste, solvent waste from cleaning 
• Agricultural chemical producers: ignitable pesticide formulations, waste-containing herbicides, acutely hazardous pesticide waste
• Hospitals and medical research labs: acutely hazardous pharmaceuticals, mercury-containing devices, formaldehyde waste from pathology labs, corrosive chemicals

Hazardous Waste Manifest Requirements for Georgia 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)

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:

• GA 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 SGQs 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 EPD
    • 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 EPD 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
• 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 EPD detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue

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

Georgia Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

Georgia utilizes the federal RCRAInfo system for biennial RCRA reports. Georgia 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:

• 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.
  •  Off-site identification form (OI) form: this form must be submitted for all off-site receiving facilities that:
    • Shipped away waste that was on a UHM
    • 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 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 submitted biennial reports in GA
  • There are annual operating fees based on generator status

Deadlines, Timelines RCRA Reporting Frequency

Biennial Reporting Deadline

The biennial report is due every 2 years in GA through RCRAInfo by March 1st 

Additional Reporting Requirements (additional waste reports)

• Certification of Non-Filer Form: Any facility that is on record with the state of Georgia as an LQG but did not generate LQG quantities during the reporting period must submit a certification of non-filer form. Non-filer forms should be submitted via email to FormsWRPCNF.Land@dnr.ga.gov 
• Waste Reduction Plans: All LQGs are required to submit a Waste Reduction Plan to EPD every two years by March 1 (at the time of the Biennial report). These plans describe current waste production and plans for future reduction of waste.
  • Short-term LQGs are required to submit a shortened version of this form

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 Georgia 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 GA. 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 waste assessments and audits
• 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 EPD

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

Georgia-Specific Waste Regulations

In addition to biennial reports, LQGs in GA must also submit additional reports by March, including Waste Reduction Plans.

Late and Missed Submissions

Biennial reports are due every two years by March 1. The EPA does not allow for late report submissions

Penalties for Non-Compliance with RCRA Reporting in Georgia

Potential Fines and Legal Consequences

In Georgia, 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 EPD and the federal EPA. Georgia 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. 

• The most common RCRA violations in Georgia are:
  • Failing to post emergency information above telephones by SQGs
  • Improper labeling of used oil storage 
  • Failing to conduct weekly inspections as an LQG
  • Improper labeling of satellite accumulation containers
  • Improper waste determination 
  • 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.