Maryland RCRA Hazardous Waste Reporting

Maryland hazardous waste reporting is regulated by the Maryland Department of the Environment (MDE). The state’s program is designed to ensure “cradle-to-grave” management of hazardous wastes while protecting 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 required for facilities that generate and manage hazardous waste above specific thresholds. In Maryland, facilities that generate hazardous waste at or above certain thresholds are subject to RCRA and state regulations, including biennial reporting requirements

Understanding Maryland Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

Maryland has more stringent reporting requirements than the federal EPA. In MD, biennial reports are required for any facility that:

• Generated 220 lbs or more of hazardous waste in any month, or
• Generate 2.2 lbs or more of acutely hazardous waste in any single month, or
• Accumulated 220 lbs or more of hazardous waste at any time, or 
• Accumulated 2.2 lbs or more of acutely hazardous waste at any time

State-Listed Hazardous Waste in Maryland

Maryland has several state-specific wastes that are subject to RCRA manifest and reporting requirements. These wastes include, but are not limited to:

• MD01: Filter cake and chemical cludge from API separators
• U202: Saccharin and salts 
• F015: Spent cyanide bath solutions from mineral metals recovery operations
• F014: Cyanidation wastewater treatment tailing pond sediment 
• K996: Waste phenarsazine chloride
• MD02: Reaction productions resulting from the decontamination of certain chemical warfare agents
• MT01: Polychlorinated biphenyls (50 to 500 ppm)

A full list of Maryland hazardous waste codes can be found here 

Maryland Generator Statuses and Requirements

Maryland only recognizes 2 generator categories: Maryland small quantity generators (MDSQGs) and fully regulated generators. MD generator categories are based on the amount of waste generated during any calendar month, and the amount of hazardous waste on-site at any given time. 

Maryland Small Quantity Generator (MDSQG) Requirements

MDSQGs generate less than 220 lbs of hazardous waste and less than 2.2 lbs of acute hazardous waste in a calendar month. MSDQGs also accumulate less than 220 lbs of hazardous waste and less than 2.2 lbs of acute hazardous waste on-site at any time. MDSQGs are exempt from reporting requirements but still have regulations 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 
• Keep documents relating to waste determination and shipments 
• If the facility has an EPA ID, they must renotify MDE every 4 years using EPA Form 8700-12

Fully Regulated Generator Requirements

Fully regulated generators generate 220 lbs or more of hazardous waste or more than 2.2 lbs of acute hazardous waste in a calendar month. Facilities accumulating, at any time, more than 220 lbs of hazardous waste or more than 2.2 lbs of acute hazardous waste are also considered fully regulated generators. Fully regulated generators are required to submit biennial RCRA reports, and: 

• Register with MDE using EPA form 8700-12
  • Renotify MD every 4 years through the submission of a biennial report (Federal LQGs or EPA form 8700-12
• Waste determination: Keep detailed records of how waste determinations are made Keep records for at least 3 years
• Not store waste on-site for more than 90 days without a permit 
  • Generators classified as SQGs under federal definitions may store waste for up to 180 days
• 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 Uniform Hazardous Waste Manifest for all waste shipment s
  • Use the EPA e-Manifest System
• Provide a waste minimization certificate 
• Submit a Land Disposal Restriction (LDR) Notification with each waste shipment that will be disposed of in a land-based unit
• Develop and maintain a contingency plan addressing emergency response procedure
  • Provide copies to local emergency responders 
  • Create a contingency plan quick reference guide 
  • Generators in MD who classify as SQGs under federal definitions are not required to provide outside agencies with a copy of their contingency plan 
• Provide formal training to all employees on hazardous waste handling and emergency response within 6 months of hire 
  • Conduct annual refresher training 
  • Maintain training records for 3 years
• Submit federal biennial hazardous waste reports in even-numbered years 

Examples of Facilities Subject to Waste Reporting

The following is a list of common facilities in MD and the wastes generated that would likely require the submission of a biennial report:

• Biotechnology and Pharmaceutical Companies: Formaldehyde, acutely hazardous pharmaceuticals, ignitable solvents, corrosive cleaning agents, phenol
• Healthcare facilities: Unused or expired pharmaceuticals, mercury from thermometers and medical devices, ignitable chemicals from cleaning or sterilization, corrosive substances used in cleaning, silver-containing waste
• Marine Repair and Shipbuilding Facilities: Spent solvents, lead-based paints or primers, chromium from surface treatments, waste from electroplating, waste containing ethylene glycol
• Food and beverage manufacturing: corrosive cleaning agents, ignitable waste, waste from pest control-chemicals, heavy metals 
• Military and Naval operations: reactive waste, propellants, chromium from painting and coating, benzene-contaminated cleanup waste, spent solvents, cadmium from marine equipment maintenance, chromium from anit-corrosion treatment

Hazardous Waste Manifest Requirements for Maryland Facilities

Maryland requires the use of the EPA Uniform Hazardous Waste Manifest for all off-site waste shipments. In addition to federal requirements, Maryland has additional manifest regulations, including:

• TSDFs must provide MDE with a copy of the final manifest, even if the TSDF is located in another state
• Destination facilities in MD that receive waste from out-of-state generators do not need to submit the manifest to MDE
• Generators are not required to submit copies to MDE
• In MD, waste manifests must include:

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 and state waste codes, quantities 
• Signatures from generators, transporters, and final receiving facilities
• Emergency response numbers and emergency spill cleanup procedures 

For Generators:

• MD encourages the use of the federal e-Manifest system for the submission and tracking of manifests

• 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 35 days of acceptance, generators must inquire with the TSDF on the status of the waste
  • If a signed copy has not been submitted within 45 days, generators must submit an exception report with MDE via mail
    • 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 send a copy of the final manifest to MDE
• 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 MDE by mail 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 MDE 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

• 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 Land disposal restrictions 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

Maryland Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

Maryland utilizes the federal RCRAInfo system for biennial RCRA reports. MD encourages 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.
  • 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

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)

Episodic generation: MD allows for MDSQGs to have one episodic event, planned or unplanned, per calendar year. Generators who notify MDE 30 days before a planned event or 72 hours after an unplanned event may maintain their generator category. Requirements for MDSQGs experiencing an episodic event include:

• An active EPA ID 
• Notify MDE using EPA Form 8700-12
  • Submit Episodic Generator Addendum Form
• Use of a hazardous waste manifest for waste shipments 
• Name an emergency coordinator to manage the event
• 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

• Create a centralized storage system to ensure quick and efficient access to critical documents and records. These records are essential for compliance audits and inspections and can simplify the reporting process. Leveraging electronic storage or digital management software can enhance both accessibility and data security
• Conduct routine self-audits to confirm that records are accurate, complete, and aligned with current RCRA and Maryland-specific regulations. Plan these audits on a quarterly or biannual basis to review documentation related to waste generation, storage, and transportation. Additionally, establish a clear schedule to track submission deadlines and ensure timely adherence to compliance requirements

Understand State-Specific Reporting Requirements

Maryland’s hazardous waste regulations can be more stringent than federal regulations. Some key differences include:

• Biennial reporting is required for all generators that generate more than 220 lbs of hazardous waste 
• MD has its own generator categories
  • Categories are based on waste generated OR accumulated 
• MD has its own state-specific hazardous wastes that are subject to manifesting and reporting requirements
• Final treatment or disposal facilities must submit copies of final manifests to MDE by mail 

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 MI

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 full regulated generator 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 federal regulations, misidentifying waste streams, or not assigning the correct state waste codes

• Commonly overlooked wastes in MD include cleaning materials such as wipes and rags contaminated with hazardous solvents, partially full aerosol cans, expired pesticides, and state-specific wastes that are not regulated federally

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

Failing to stay current with regulatory changes in Maryland can result from several factors. Facilities may lack dedicated staff to monitor updates, assume that long-standing waste management practices remain compliant, or overlook changes issued by state agencies.

Tips:

• Assign a dedicated staff member or team to track updates to hazardous waste regulations.
• Utilize software solutions that monitor regulatory changes and provide notifications about updates.
• Stay informed by subscribing to updates from the MDE to receive timely notifications about regulatory changes.
• Participate in local and state Environmental, Health, and Safety (EHS) associations to stay connected and informed about industry developments and compliance requirements

Late and Missed Submissions

MD does not allow 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 of up to $10,000 per day. 

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 Maryland

Potential Fines and Legal Consequences

In Maryland, 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 MDE and the federal EPA. Maryland 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 in MD include:
  • Failing to submit biennial reports
  • Operating as a TSDF without a permit
  • Exceeding storage limits 
  • Failing to keep manifests up to date in the e-Manifest system
  • Examples:
    • A manufacturer in MD was fined $11,000 for failing to send waste to a permitted treatment facility 
    • A facility in MD was fined $12,500 for not inducing proper waste manifests with shipments 

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.