Kansas RCRA Hazardous Waste Reporting

Kansas hazardous waste reporting is regulated by the Kansas Department of Health and Environment (KDHE). The state program provides “cradle-to-grave” management of hazardous wastes, prioritizing the protection of 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. Kansas has adopted all hazardous waste regulations and exemptions established under RCRA, including the biennial reporting requirements.

Understanding Kansas Hazardous Waste / RCRA Reporting Requirements

In Kansas, all generators that are considered Large Quantity Generators (LQGa) in odd-numbered years and Treatment, Storage, and Disposal Facilities (TSDFs) are required to report biennially. In Kansas, 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 Kansas

• Kansas 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

Kansas Generator Statuses and Requirements

Kansas has a four-tier generator status system that deviates from the Federal requirements in some areas. From smallest to largest the Kansas generators are:

Conditionally Exempt Small Generators (CESQG) Requirements

Despite having the same name prior to the Generator Improvements Rule (GIR), Kansas CESQGs are not the same as the formerly Federal CESQG (now VSQG). VSQGs generate less than 55 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: keep detailed records on how waste determinations are made (where analytical testing is required, only KDHE certified labs may be utilized)
  
• Ensure storage does not exceed 2,200 lbs of hazardous waste on-site at any time
  
• Store hazardous waste in appropriate 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
• Conduct monthly inspections of tanks, containers and the general facility, and keep records the inspections (note: KDHE regulations read that inspections must be conducted once every 31 days; this should be met if inspections occur monthly, but could still be met chronologically if shorter months are accidentally skipped)
  
• Manage waste to minimize risk to human health
  
• If shipping 55 lbs. or more of waste in one shipment, only use permitted transporters and TSDFs with an active EPA ID
  
• Keep all documents for a minimum of 3 years
  

Kansas [Defined] Small Quantity Generator (KSQG) Requirements 

KSQGs generate between 55 and 220 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. KSQGs are exempt from state and federal reporting requirements. KSQGs must still take steps to ensure compliance, including:

• Waste determination: keep detailed records of how waste determinations are made (where analytical testing is required, only KDHE certified labs may be utilized)
  
• Register with the KDHE (who will notify EPA) using RCRA Subtitle C Site Identification form to obtain an EPA number through the Kansas Environmental Information Management System (KEIMS)
  • Submit notification to KDHE by April 1 each year confirming generator status and pay monitoring fee through the KEIMS portal
  • Update the state of any changes in hazardous waste activities within 60 days of the change
• Ensure storage does not exceed 2,200 lbs of hazardous waste on-site at any time
  
• Store hazardous waste in appropriate containers
  • Conduct weekly inspections of tanks, storage containers and general facility, and keep records (note: KDHE regulations read that inspections must be conducted once every 31 days; this should be met if inspections occur monthly, but could still be met chronologically if shorter months are accidentally skipped)
    
  • 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
• Only use KDHE permitted transporters and TSDFs with an active EPA ID
  
• Use the Uniform Hazardous Waste Manifests (UHWM) for waste shipments via the e-Manifest system
  • Provide Land Disposal Restrictions (LDR) for each waste shipment that will be disposed of in a land-based unit
    
  • File Exception Reporting, where applicable (see Hazardous Waste Manifesting Requirements for Kansas Facilities)
    
  • Note: There are additional requirements for import / export of Hazardous Wastes usually reserved at the Federal level to larger generators
• Post emergency contact information and procedures for spill responses (emergency coordinators must have this contact information within their cell phones)
  
• Develop and maintain a contingency plan addressing emergency response procedure
  • Must have an emergency coordinator on-site or on call (within 30 minutes of facility) to respond to emergencies
    
  • Provide copies to local emergency responders and document arrangements with those emergency responders
    
• Provide training to all employees within 6 months of hire on proper waste handling
  • Conduct annual refresher training
• Maintain all records for a minimum of 3 years
  

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 federal reporting requirements. SQGs must still take steps to ensure compliance, including:

• Register with the KDHE (who will notify EPA) using RCRA Subtitle C Site Identification form to obtain an EPA number via KEIMS portal
  • Submit notification to KDHE by April 1 each year confirming generator status and pay monitoring fee through the KEIMS portal.
    
  • Renotify the KDHE (EPA) every 4 years by submitting Kansas state form 8700-12 by September 1. First submissions were due September 2021, and now every 4 years after (i.e. 2025, 2029 and so forth)Obtain a KS ID from KDHE using the Kansas RCRA Site ID form
    
  • Update the state of any changes in hazardous waste activities within 60 days of the change
• Waste determination: keep detailed records of how waste determinations are made (where analytical testing is required, only KDHE certified labs may be utilized)
  
• Ensure storage does not exceed 13,200 lbs or occur for longer than 180 days (or 270 days if the only TSDF is 200 miles or more miles away)
  
• Submit a generator treatment notification if treating or recycling waste on-site
  
• 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
• Develop and maintain a contingency plan addressing emergency response procedure
  • Must have an emergency coordinator on-site or on call (within 30 minutes of facility) to respond to emergencies
  • Provide copies to local emergency responders and document arrangements with those emergency responders
    
• Provide training to all employees within 6 months of hire on proper waste handling
  • Conduct annual refresher training
• Must have an emergency coordinator on-site or on call (within 30 minutes of facility) to respond to emergencies
  
• Only use KDHE permitted transporters and TSDFs with an active EPA ID
  
• Use the UHWM for waste shipments via the e-Manifest system
  • Provide LDR for each waste shipment that will be disposed of in a land-based unit
    
  • File Exception Reporting, where applicable (see Hazardous Waste Manifesting Requirements for Kansas Facilities)
• Maintain all 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 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 KDHE (who will notify EPA) using RCRA Subtitle C Site Identification form to obtain an EPA number via KEIMS portal
  • Submit notification to KDHE by March 1 each odd-numbered year confirming generator status and pay monitoring fee through the KEIMS portal
    
  • Update the state of any changes in hazardous waste activities within 60 days of the change
• Waste determination: keep detailed records of how waste determinations are made (where analytical testing is required, only KDHE certified labs may be utilized)
  
• 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 words “hazardous waste” on all storage containers
    
  • Label containers with accumulation start dates
• Use the UHWM for waste shipments via the e-Manifest system
  • Provide LDR for 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

Below is a list of common facilities in Kansas and the hazardous wastes generated that would likely trigger the need to submit a biennial report.

• Wood product manufacturing facilities: Ignitable waste from wood finishes and stains, ethylene glycol waste from machinery maintenance, chromium-contaminated waste from wood processes
• Metal fabrication and precision manufacturing: Chromium waste from metal plating, lead-contaminated waste from welding and soldering, solvent waste from degreasing and cleaning
• Agricultural and dairy farms: Acutely hazardous pesticide waste, waste containing certain herbicides, ignitable wastes from pesticides, ignitable waste from treated equipment
• Educational and research institutes: Ignitable solvents used in laboratory experiments, corrosive chemicals from lab work, reactive chemicals and lab reagents, unused or expired chemicals such as acetone 
• Power generation and utility companies: Lead-contaminated waste from batteries and transformers, mercury from older equipment, ignitable waste from fuel handling 

Hazardous Waste Manifest Requirements for Kansas 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:

• Kansas requires the use of the federal e-Manifest system for the submission and tracking of manifests from SQGs and LQGs; due to the requirement to utilize the UHWM for KSQGs (and in some cases CESQGs), the use of e-Manifest is highly encouraged for these generators.
  • 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, SQGs, and KSQGs must submit an exception report with KDHE
    • Starting December 1, 2025, exception reports must be submitted electronically through e-Manifest (note: this requirement is from the 3rd eManifest rule, until this is implemented by EPA is it presumed that KSQGs that are registered in e-Manifest could utilize this system but those that are not would have to mail exception reports)

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 KDHE 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 to KDHE 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: including 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
    

Kansas Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

In Kansas, the RCRAInfo system serves as the primary platform for submitting biennial hazardous waste reports. 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
  •  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
  • Pay the required fees associated with submitting biennial reports in Kansas

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)

Annual Generation Status Notification and Monitoring Fee: Kansas requires all KSQGs, SQGs and LQGs to annually notify KDHE to confirm their generator status and pay a fee. This is submitted and paid through the KEIMS portal. Users must first sign up before they can submit the appropriate form and pay the fee.

• KSQGs and SQGs: This notification is due by April 1st of each year
  
• LQGs: During biennial reporting years, the biennial report covers the notification requirement (fees must be paid through KEIMS). During odd-numbered years, the notification and fee are due March 1st through KEIMS.

Episodic generation: Kansas allows for one episodic event, planned or unplanned, per calendar year. Generators who notify KDHE 30 days before a planned event or 72 hours after an unplanned event may maintain their generator category. Requirements for CESQGs, KSQGs and SQGs experiencing an episodic event include:

• An active EPA ID (note: this means that CESQGs cannot utilize the episodic generator alternatives if they do not register for an EPA ID number with KDHE)
  
• Notify KDHE using the Kansas state-specific form 8700-12 and the Episodic Generator Addendum
  
• Use of a hazardous waste manifest for waste shipments
  
• Appropriate labeling and storage
  
• Conclude the event within 60 days from the start date
  
• Maintain records of episodic events for a minimum of 3 years
  

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Implement a centralized digital storage system to securely manage and organize essential documents and records, ensuring easy access during compliance audits, inspections, and reporting.
• Conduct routine self-audits, such as quarterly or semi-annually, to maintain accurate and complete records that align with current RCRA and state-specific regulations about waste generation, storage, and shipment.
• Establish and maintain a clear schedule to track and meet all submission deadlines to ensure timely compliance

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 Kansas

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Incorrectly reporting waste quantities or generator status can occur due to underreporting in an attempt to avoid LQG classification or overreporting caused by data management errors

Tips:

• Develop standardized reporting checklists to ensure the accuracy of submitted information.
• Use electronic tracking systems or digital software to automate calculations for waste generation and shipments.
• Keep accurate and updated logs of waste generation and disposal throughout the year to maintain reliable records

Failure to Report All Hazardous Wastes

Failing to include certain waste types in reporting can occur unintentionally due to factors such as misunderstanding Kansas regulations, misidentifying waste streams, or not assigning the correct waste codes

Tips:

• Perform regular waste assessments to ensure accurate classification of all waste types.
• Update waste determinations periodically to reflect current operations and regulatory changes.
• Cross-check waste information with disposal facilities to confirm proper classification and handling

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

Facilities may fail to stay current due to a lack of dedicated staff for regulatory monitoring, make assumptions that old practices remain compliant, or overlook changes from state agencies.

Tips:

• Dedicated Regulatory Tracking: Assign a staff member or team to specifically monitor updates to hazardous waste regulations
• Software Solutions: Utilize software to track regulatory changes and receive notifications of updates
• Subscribe to Official Updates: Stay informed by subscribing to updates from the Department of Health and Environment
• Participate in EHS Associations: Engage with local and state Environmental, Health, and Safety associations to stay connected and informed about industry developments and compliance requirements

Late and Missed Submissions

Kansas does not allow for extensions for late biennial report submissions. Ineffective timeline management can lead to missed report submissions. Lacking a centralized compliance center, unclear designation of responsibilities, and insufficient training can contribute to missing deadlines. Failing to submit biennial reports may result in fines. 

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 Kansas

Potential Fines and Legal Consequences

In Kansas, non-compliance with RCRA reporting requirements can result in penalties, including fines and civil or criminal enforcement actions. These penalties are enforced by the KDHE and the federal EPA. The KDHE may issue administrative orders or pursue criminal charges against facilities and operators that violate RCRA regulations. Penalties and fines are determined based on factors such as the severity and frequency of violations, the facility’s knowledge of the infraction, and the duration of non-compliance. As of January 8, 2025, the maximum penalty for a RCRA violation is $93,058 per violation per day, with the EPA expected to adjust this amount annually.

Common penalties include:

• Failing to submit biennial hazardous waste reports
  
• Submitting annual reports late
  
• Operating as a Treatment, Storage, and Disposal Facility (TSDF) without a permit
  
• Exceeding hazardous waste storage limits without authorization
  
• Failing to maintain accurate and up-to-date waste manifests in the 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.